IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.29646 of 2025

(An application under Article 226 and 227 of the Constitution

of India, 1950)

Giri Shankar Sahu …. Petitioner

-versus-

State of Odisha and others …. Opposite Parties

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Petitioner - Mr. S. Mishra,

Advocate.

For Opposite Parties- Mr. G. Mohanty,

Learned Sanding Counsel

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing :29.11.2025 :: Date of Judgment :29.11.2025

A.C. Behera, J. This writ petition under Articles 226 and 227

of the Constitution of India, 1950 has been filed by the petitioner praying for directing the Tahasildar, Kalahandi at Bhawanipatna(Opposite Party No.2) for

receiving the application for mutation and to register the same, but, when the Tahasildar, Kalahandi at Bhawanipatna(Opposite Party No.2) did not receive the application for mutation, then, without getting any way, he(petitioner) filed this writ petition praying for directing the Tahasildar, Kalahandi at Bhawanipatna(Opposite Party No.2) to accept his application for mutation and to register the same and after registration of the same to proceed with the same as per law.

2. Heard from the learned counsel for the petitioner and learned Standing Counsel for the State.

3. The law concerning the duty of the Tahasildar for the acceptance of the application for mutation, if filed by a person and to act upon the same has alreadybeen clarified in the ratio of the following decision:- In a case between Sunil Kumar Yadav vrs. District Magistrate, Lucknow and others : reported in 2025(3) Civil Court Cases-159 (Allahabad) that, Tahasildar cannot refuse to accept the application for mutation filed by a party/person, but, he is bound to accept the same and to register the same as per law, then, to proceed with the same for its disposal according to law, but, Tahasildar cannot refuse to accept the application for mutation. The oral refusal of the Tahasildar to accept the application for mutation from a person/party shall be amount to violation of the right of the that person to seek legal redressal.(Para-5).

4. When, the propositions of law has already been settled in the ratio of the aforesaid decision that, the Tahasildar cannot orally refuse to accept the application of the petitioner for mutation and it was his duty under law to accept the same and to register that application as a mutation case, then, at this juncture, by applying the principles of law enunciated in the aforesaid decision to this matter at hand, I find no justification to disallow the writ petition filed by the petitioner.

5. Therefore, the writ petition filed by the petitioner is to be allowed.

In result, this writ petition filed by the petitioner is allowed.

The Tahasildar, Kalahandi at Bhawanipatna(Opposite Party No.2) is directed to accept the application for mutation, if filed by the petitioner annexing the certified copy of this judgment and to register the said application as a mutation case and then to dispose of the same as per law as expeditiously as possible by following the guidelines/circular issued by the Government of Orissa vide Notification No.10186 dated 24.03.2021.

6. As such, this writ petition filed by the petitioner is disposed of finally.

(A.C. Behera), Judge Orissa High Court, Cuttack The 29^th of November, 2025/ Jagabandhu, P.A.

Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 30-Nov-2025 07:34:13