Orissa High Court
WP(C)/26467/2026 of BHUBAN CHANDRA DEY @ BHUBAN CHANDRA DEY Vs STATE OF ODISHA on 29 August 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.26467 of 2026 CNR No. ODHC010627142026 Bhuban Chandra Dey @ Bhuban Chandra Dey ..... Petitioner Represented by Adv. - Bikash Chandra Parija -versus- State Of Odisha and Anr. ..... Opposite Parties Represented by Adv. – AGA CORAM: MR.
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.26467 of 2026
CNR No. ODHC010627142026
Bhuban Chandra Dey @
Bhuban Chandra Dey
.....
Petitioner
Represented by Adv.
- Bikash Chandra
Parija
-versus-
State Of Odisha and Anr.
.....
Opposite Parties
Represented by Adv.
– AGA
CORAM:
MR. JUSTICE SASHIKANTA MISHRA
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ORDER
29.08.2026
1. This matter is taken up through hybrid mode.
2. On the basis of the decree passed in T.S. No. 229 of 2004 by the learned Civil Judge (Jr. Division), Jaleswar, the petitioner applied for mutation of the case land. By order dated 20.07.2026, which is impugned, the Tahasildar Bhograi rejected the case of the petitioner, inter alia, observing as follows: “xxxxxxxxxx. The case land is recorded as Govt. land by the Settlement Authority. According to the letter no- 16450/R&DM dt. 07.05.2018 of the Addl. Secretary to Govt. Rev & DM Deppt. it is clearly instructed that" In case where application for Mutation is filed on the basis of Court order directing mutation of Govt. Land in the name of private person, the concerned Tahasildar shall file appeal in consultation with Govt. Pleader. On the circumstances above and in obedience to the Letter No- 16450 dt- 07.05.2018 of Principal Secretary, this Court finds that though the Case Land is a Govt. land which Order No. 01
Page 2 of 2. needs to file appeal before the higher Coun against the order dated -22/03/2005 of Hon’ble Civil Judge (Jr Div), Jaleswar in T.S Case no- 229/2004. Issue Letter to the Assistant Collector (Judicial) for legal intervention/ instruction regarding Mutation Case no- 13545/2026 for filing of an appeal. Hence the case is rejected.”
3. Time and again, this Court has held that the Civil Court’s decree has to be respected by the revenue authority. Moreover, the decision to file appeal against the decree is not to be taken by the Tahasildar. What the Tahasildar has essentially observed in the impugned order, is, according to his opinion, an appeal ought to be filed. Be that as it may, the same cannot be a ground to reject the mutation application. Needless to mention, the impugned order cannot be sustained in the eye of law and is therefore, set aside. The matter is remitted to the Tahasildar to dispose of the mutation case in accordance with law by passing a reasoned order.
4. The writ application is disposed of.
(Sashikanta Mishra)
Judge
A.K. Rana Digitally Signed Signed by: AJAYA KUMAR RANA Designation: P.A. Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Aug-2026 15:13:58 Signature Not Verified