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2026 Supreme(Online)(Ori) 2873

ORISSA HIGH COURT
Sashikanta Mishra, J
Ramananda Mishra – Appellant
Versus
State of Odisha – Respondent
W.P.(C) No.19408 of 2025 | W.P.(C) No. 19412 of 2025

Advocates:
For the Appellants/Petitioners: Soubhagya Sundar Das, T.R. Mohapatra, B.N. Dash
For the Respondents: S.N. Patnaik

Mutation authorities lack the jurisdiction to review the validity of leases confirmed by superior statutory bodies. The scope of their function is confined to updating records based on evidence of rights, and they cannot introduce novel rejection grounds after a judicial remand to circumvent prior directives.

Headnote:(A) State Survey and Settlement Rules - Rules 34 and 35 - Mutation proceedings - Limitations of authority - Scope of review - A revenue authority in a mutation proceeding lacks the jurisdiction to sit in appeal over or challenge the validity of a lease or grant that has been confirmed by a competent superior authority - The exercise of power is restricted to the specific grounds mentioned in the rules. (Paras 12, 14)

(B) Administrative Law - Principles of consistency and non-discrimination - Rejection of application - Authorities are barred from introducing novel grounds for rejection after a remand order from a higher court, particularly when consistent practices have been afforded to similarly situated parties - Doing so reflects an arbitrary exercise of power. (Paras 15, 16)

Facts of the case:
Applications for land record mutation were initially rejected by the local revenue authority citing pending criminal investigations. Upon receiving clarification from the investigating agency that the specific property was not involved in any such investigation, a higher court remanded the matter for fresh consideration. On remand, the local revenue authority rejected the applications again, citing new contentions regarding the nature of the land and the validity of the original lease, despite the lease having been previously confirmed by a higher revisional authority.

Findings of Court:
The revenue authority exceeded its jurisdiction by acting as a revisional body to challenge the legality of a grant already settled by a superior entity. The reliance on new grounds for rejection post-remand was arbitrary, lacked supporting evidence regarding the current classification of the land, and constituted discriminatory treatment compared to the treatment afforded to owners of adjacent parcels from the same land tract.

Issues: Whether a revenue authority possesses the jurisdiction to re-examine the validity of a lease granted and confirmed by a superior revisional authority during a mutation process, and whether the introduction of new rejection grounds post-remand violates established administrative discipline.

Ratio Decidendi: The scope of a mutation proceeding is confined to the specific statutory framework governing the correction of records. A revenue officer lacks the authority to review the validity of orders passed by superior forums. Introducing new, unsubstantiated reasons for rejection after the matter has been remanded for determination constitutes a jurisdictional overreach and an arbitrary departure from the principle of judicial consistency.

Result: Petitions allowed.

Table of Content
1. factual background and litigation history regarding mutation applications. (Para 1 , 2 , 3 , 4 , 6 , 9)
2. competing arguments regarding land nature and administrative authority. (Para 5 , 7 , 8)
3. tahasildar lacks jurisdiction to review superior administrative orders. (Para 10 , 11 , 12 , 13 , 14)
4. mutation rejection must be consistent and non-discriminatory. (Para 15 , 16)
5. final judicial directive for mandatory land mutation. (Para 17 , 18)

SASHIKANTA MISHRA, J.

Both these writ applications involve common questions of fact and law and being heard together, are disposed of by this common judgement.

2. For convenience and brevity, the facts of W.P.(C) No.19412 of 2025 are considered.

3. The petitioner assails the order dated 13.09.2024 passed by Addl. Tahasildar, Bhubaneswar in Mutation Case No. 24361 of 2014 corresponding to Grievance Case No.1847 of 2024, whereby his application for recording of the case land in his favour was rejected. He further prays for a direction to direct the Tahasildar to make necessary changes and corrections in the record of right relating to the case land in his favour.

4. The facts of the case, briefly stated, are that the land in question forms part of a larger parcel of land measuring Ac.1.00 dec. pertaining to Plot No.516 under Khata No.423 of Mouza Patia being leased out in favour of one Radhamohan Patnaik, vide Waste Land Lease Case No.1790 of 1978 for agricultural purpose. Said lease was cancelled by the ADM, Bhubaneswar by exercising power under section 7-A (3) of the OGLS Act by order dated 17.03.1982 passed in Lease Revision Case No.6 of 1981. The lessee challenged the cancellation of lease before this Court in OJC No. 9523 of 2000. By order dated 31.10.2000, this Court set aside the order of the Revisional Authority (ADM) and remitted the matter to him for fresh disposal. Accordingly, Lease Revision Case No. 6 of 1981 was reopened and disposed of by holding that the lease granted in favour of the lessee was valid. Accordingly, the order passed in the lease case was confirmed. The lessee then sold the case land being Ac.0.115.7 decimals from Plot No.516/1719 under Khata No.474/27 to the present petitioner vide sale deed number 254 dated 09.01.2007. The petitioner, after purchase applied for mutation of the land, which was registered as Mutation Case No.24361 of 2014. By order dated 16.09.2017, the Tahasildar rejected the application for mutation on the ground that Plot No.516 of the same Mouza was under investigation by the Economic Offences Wing (EOW), Crime Branch vide P.S. Case No. 3 of 2013 for fraud and irregularity. The order of rejection was challenged by the petitioner before this Court in W.P.(C) No. 26312 of 2017. In course of hearing of the writ application, on a direction issued by this Court, the Deputy Superintendent of Police, EOW, CID, CB Bhubaneswar submitted an affidavit clarifying that WL case No. 1790 of 1978 relating to the petitioner was not part of the investigation being conducted by it. As such, this Court by order dated 20.06.2024 disposed of the writ application by setting aside the order dated 16.09.2017 of the Tahasildar and by remitting the matter to him for fresh consideration. The Tahasildar again rejected the application for mutation on the ground that the petitioner was not using the land for the purpose for which it was granted, settlement of Jungle Kisam government land in favour of the lessee is contrary to law and prior approval of the Collector was not obtained before granting lease as per Sections 3 and 4 of the Odisha Communal Forest and Private Lands (Prohibition of Alienation) Act, 1948. (in short, ‘Orissa Act of 1948’). The order of rejection passed by the Tahasildar on 13.09.2024 is impugned in the present writ application.

5. Counter affidavit has been filed by the ADM and Tahasildar. Grant of lease in favour of Radhamohan Pattnaik and the subsequent orders passed restoring the lease in his favour are admitted. It is averr

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2026 Supreme(Online)(Ori) 2873

ORISSA HIGH COURTSashikanta Mishra, JRamananda Mishra – AppellantVersusState of Odisha – RespondentW.P.(C) No.19408 of 2025 | W.P.(C) No. 19412 of 2025

ORISSA HIGH COURT
Sashikanta Mishra, J
Ramananda Mishra – Appellant
Versus
State of Odisha – Respondent
W.P.(C) No.19408 of 2025 | W.P.(C) No. 19412 of 2025