ORISSA HIGH COURT : CUTTACK

WP(C) No.36128 of 2025

An application under Articles 226 & 227 of the Constitution of

India. ***

Jamuna Mahanta & Another … Petitioners.

-VERSUS-

State of Odisha & Others

… Opposite Parties

Counsel appeared for the parties:

For the Petitioners : Dr. Purusottam Chuli, Advocate

For the Opposite Parties : Mr. G. Mohanty, Standing Counsel.

P R E S E N T: HONOURABLE

MR. JUSTICE ANANDA CHANDRA BEHERA

Date of Hearing : 23.12.2025 :: Date of Judgment : 23.12.2025

JUDGMENT

ANANDA CHANDRA BEHERA, J.

1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioners praying for quashing (setting aside) the order dated 03.09.2025 (Annexure-4 series) passed in Mutation Case Nos.1453, 1454, 1455, 1456 & 1457 of 2025 by the Addl. Tahasildar, Harichandanpur, District-Keonjhar (Opposite Party No.4).

2. The factual backgrounds of this writ petition, which prompted the petitioners for filing of the same is that, one Laxman Mahanta, recorded owner of Plot Nos.1056, 1523, 1544, 338/2900, 1656/3038, 620/3062, 627/3063, 1195 and 1231 of Khata No.205 in Mouza-Bhanrapur, Plot No.1227 of Khata No.129 in Mouza-Chasatangar, Plot No.1228/2013 and 1228 of 2022 of Khata No.130/2011 in Mouza- Chasatangar, Plot No.1675 of Khata No.94 in Mouza- Bhanrpur, Plot Nos.243, 244, 275, 277, 278, 279, 290, 501, 506 and 670 of Khata No.18 in Mouza-Madhyapur under Harichandanpur Tahasil in the district of Keonjhar bequeathed the properties of said Plots in favour of his two wives, i.e. petitioners executing and registering a Will vide Will No.1051900309 dated 13.11.2019.

When the said Testator of the aforesaid Will, i.e., Laxman Mahanta died on dated 09.03.2024, then, the petitioners possessed the aforesaid bequeathed properties and filed mutation cases vide Mutation Case Nos.1453, 1454, 1455, 1456 & 1457 of 2025 before the Tahasildar, Harichandanpur (Opposite Party No.3) for the mutation of the said properties to their names on the basis of that registered Will No.1051900309 dated 13.11.2019.

As per orders dated 03.09.2025 (Annexure-4 series), the Addl. Tahasildar, Harichandanpur (Opposite Party No.4) rejected to the Mutation Case Nos.1453, 1454, 1455, 1456 &

1457 of 2025 filed by the petitioners assigning reasons that, “Found that no probate is executed in respect of the applied Will Deed and for such, the R.I. has recommended the case for consideration. In view of no execution of probate, I am liable to reject the case.”

So, the petitioners challenged that Annexure-4 series passed by the Addl. Tahasildar, Harichandanpur (Opposite Party No.4) by filing this writ petition on the ground that, “When the properties covered under the Will No.1051900309 dated 13.11.2019 executed in favour of the petitioners are situated in the district of Keonjhar and the said Will has been executed in the District of Keonjhar, which is outside the area specified in the Clauses of Section 57 of the Indian Succession Act, 1925 and when Keonjhar District was under the ex-princely State, then, the question of probation of that Will does not arise. For which, The Addl. Tahasildar, Harichandanpur (Opposite Party No.4) should not have rejected to the mutation cases of the petitioners as per Annexure-

4 series”.

3. I have already heard from the learned counsel for the petitioners and learned Standing Counsel for the State(Opposite Parties).

4. It is the settled propositions of law that, when a Will in question is executed in the Districts, which were coming under the ex-princely State like Mayurbhanj, Bolangir, Koraput, Dhenkanal, Ganjam, Sundargarh, Sambalpur, Angul, Keonjhar, Rayagada, Jharsuguda, Malkanagiri and others, no probate of Will is necessary. In the said Districts, Revenue Authorities and Tahasildars can proceed with the mutation cases on the basis of un-probated Wills.

5. On this aspect, it has already been clarified by the Hon’ble Courts in the ratio of the decisions reported in (I) 1972(2) C.W.R.-1451, Amrutlal Majhi and other