IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.16579 of 2025

(An application under Article 226 and 227 of the Constitution

of India, 1950)

Bijaya Kumar Agrawalla …. Petitioner

-versus-

Collector, Boudh and others …. Opposite Parties

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Petitioner - Mr.B.Bhuyan, Sr.Advocate

For Opposite Parties- Mr.B.B.Mishra(2)(for O.P. Nos.5 & 6)

Ms.J.Sahoo, ASC

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing :17.11.2025 :: Date of Judgment :17.11.2025

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 quashing the impugned order dated 08.10.2024 (Annexure-5)

passed in a mutation appeal vide R.M.A. No.10 of 2023 by the Sub-

Collector, Boudh (O.P No.2).

The said mutation appeal vide R.M.A. No.10 of 2023 was preferred challenging the order dated 15.04.2023 (Annexure-4) passed in Mutation Case No.714 of 2023 by the Tahasildar, Boudh (O.P. No.3).

The Mutation Case No.714 of 2023 was filed by the Petitioner (who is also the Petitioner in this writ petition) for recording of the properties covered under a will executed by his mother Shanti Devi Agrawalla in his favour.

The O.P. Nos.5 and 6 are the widow wife and son of the deceased son of Shanti Devi Agrawalla.

2. Heard from the learned Sr.counsel for the Petitioner, the learned counsel for the O.P. Nos.5 and 6 and the learned Additional Standing Counsel for the State.

3. It came out from the submissions of the learned counsels of both the sides that, the Mutation Case No.714 of 2023 was filed by the Petitioner (who is also the Petitioner in this writ petition) praying for correction of the R.o.R. of the properties covered under the will to his name executed by his mother Shanti Devi Agrawalla. The genuineness of such will was disputed by the O.P. Nos.5 and 6 of this writ petition before the Tahasildar, Boudh (O.P. No.3) as well as in the appeal before the Sub-Collector, Boudh (O.P. No.2).

When, the Tahasildar, Boudh (O.P. No.3) allowed that Mutation Case No.714 of 2023 of the Petitoner in his favour, to which, the O.P. Nos.5 and 6 challenged by preferring Mutation Appeal vide R.M.A. No.10 of 2023 before the Sub-Collector, Boudh (O.P. No.2) and when, the Sub-Collector, Boudh (O.P. No.2) allowed that R.M.A. No.10 of 2023 through the impugned order dated 08.10.2024 (Annexure-5) and set aside to the order dated 15.04.2023 (Annexure-4) passed by the Tahasildar, Boudh (O.P. No.3), for which, the Petitioner challenged the impugned order dated 08.10.2024 (Annexure-5) passed by the Sub-Collector, Boudh (O.P.

No.2) in R.M.A. No.10 of 2023 by filing this writ petition.

4. The law relating to mutation, on the basis of a will like this matter at hand has already been clarified earlier in a case between Prasanta Biswanath @ Prasanta Kumar Biswanath Vrs. The State of Odisha, repr. thr. its Collector, Rayagada and another reported in 2025 (I) OLR 798 on the basis of the judgment of the Apex Court reported in 2021 (4) Civ.C.C. (SC) 29 In the case between Jitendra Singh Vrs. State of Madhya Pradesh and others reported in 2021 (4) Civ.C.C. (S.C.) 29 in Para No.5 it has been clarified by the Apex Court that, when an application for mutation is filed on the basis of a will, and if any, dispute with respect to the title or genuineness of the will arises, then, the Party, who had applied for mutation on the basis of will shall get his/her rights crystalized by the Civil Court and thereafter on the basis of the decision of the Civil Court, necessary mutation entry can be made.

5. So, in view of the aforesaid decisions of this Court and the Apex Court, the Revenue Authorities i.e. O.P. Nos.2 and 3 had no jurisdiction for passing any order for mutation on the basis of the will executed by Shanti Devi Agrawalla in favour of the Petitioner, because, the O.P. Nos.5 and 6 had disputed to the title of the said will as well as genuineness thereof.

For which, the orders passed by the Taha