Orissa High Court

WP(C)/25235/2026 of SURYAKANTA SAMANTARAY Vs STATE OF ODISHA on 8 September 2026

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of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25235 of 2026 CNR No.ODHC010579792026 Suryakanta Samantaray …. Petitioner Mr. Anugraha Narayan, Advocate -versus- State of Odisha & Ors. …. Opp. Parties Mr. Surya Kanta Parhi, ASC CORAM: THE HON’BLE MR. JUSTICE

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.25235 of 2026

CNR No.ODHC010579792026

Suryakanta Samantaray

….

Petitioner

Mr. Anugraha Narayan, Advocate

-versus-

State of Odisha & Ors.

….

Opp. Parties

Mr. Surya Kanta Parhi, ASC

CORAM:

THE HON’BLE MR. JUSTICE CHITTARANJAN DASH

Order No.

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ORDER

08.09.2026

01.

1. Heard learned counsel for both the Parties.

2. Upon hearing the learned counsels of both the sides, it is felt proper to dispose of the Writ Petition finally at this stage after setting aside the order dated 28.05.2025 passed in Mutation Case No.1530 of 2025 by the Additional Tahasildar, Erasama, and remitted back the matter for its fresh disposal in accordance with law as the Petitioner is a purchaser from one of the co-sharers.

3. It is the settled propositions of law that, when one of the co-sharers sells his share, the purchaser will become the co-sharer in place of the seller. However, each of the co-sharer having right over an inch of the joint property, no particular plot can be mutated in his name, unless the other co-sharer consent to it or there is a decree from the Civil Court indicating his share by way of a partition by metes and bounds. Therefore, the name of the purchaser of a co-sharer shall be included in the RoR as a co- owner of the same along with other; those have not alienated their shares.

4. Registry is directed to communicate this order to the Addl. Tahasildar, Erasama, immediately. The Addl. Tahasildar concerned is directed to take necessary steps in the matter and ensure compliance with the aforesaid direction in accordance with law within a period of three (03) months from the date of communication of this order. The result thereof shall be communicated to the Petitioner within a period of two (02) weeks thereafter.

5. Accordingly, the Writ Petition is disposed of finally.

(Chittaranjan Dash) Judge

Priyanka Digitally Signed Signed by: PRIYANKA BARIK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 10-Sep-2026 11:33:13 Signature Not Verified

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