Amitabh Bose vs State Of Odisha And Others

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 setting aside the impugned order dated 01.05.2025(Annexure-6) passed in Mutation Case No.1805 of 2022 by the Tahasildar, Nuapada in the district of Nuapada under Section 8-A of the Odisha Land Reforms Act (in short the “OLR Act, 1960”).

The factual backgrounds of the writ petition, which promoted the petitioner for filing of the same is that, the petitioner had filed Mutation Case No.1805 of 2022 before the Tahasildar, Nuapada(Opposite Party No.4) for conversion of the nature of the case land of the petitioner from “Jalasaya” to “homestead”.

As per the final order dated 24.03.2025 passed in W.P.(C) No.7198 of 2025 filed by the petitioner, the Tahasildar, Nuapada(Opposite Party No.4) was directed to dispose of the Mutation Case No.1805 of 2022.

In obedience to the direction of this Court passed in W.P.(C) No.7198 of 2025, the Tahasildar, Nuapada(Opposite Party No.4) dismissed/rejected to the Mutation Case No.1805 of 2022 of the petitioner on dated 01.05.2025 assigning the reasons that, he(Tahasildar, Nuapata, Opposite Party No.4) lacks its jurisdiction to convert the case land from “Jalasaya” to “homestead”.

Then, the petitioner challenged the same by filing this writ petition praying for quashing the impugned order dated 01.05.2025(Annexure-6) passed in Mutation Case No. 1805 of 2022 by the Tahasildar, Nuapada on the ground that, he(Tahasildar, Nuapada) should not have rejected to the Mutation Case No.1805 of 2022 of the petitioner, but, he should have allowed the same.

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

A guideline relating to conversion of “Jalasaya” to “homestead” has already been formulated by this Court in a Division Bench decision between Tapan Kumar Das vrs. Commissioner Cuttack Municipal Corporation and others in W.P.(C) No.8797 of 2004 dated 11.10.2012, between Sabita Agrawal vrs. State of Orissa and others in W.P.(C) No.23818 of 2022(decided on 10.10.2022) and Notification No.RE-I-41/2017-44549 / R & DM dated 22.12.2017 of Government of Odisha, Revenue and Disaster Management Department that, the matter is to be sent to the Collector with a request to refer the matter to the Revenue Divisional Commissioner for its decision on the said matter.

Therefore, in view of the above decisions and the notification of the Government, the Tahasildar, Nuapada(Opposite Party No.4) should not have rejected to the application for conversion vide Mutation Case No.1805 of 2022 of the petitioner stating that, he lacks its jurisdiction in respect of the same, but, he should have sent the same to the Collector with a request to refer the matter to the Revenue Divisional Commissioner for deciding the same on the basis of the instructions imparted from the Revenue Divisional Commissioner.

Therefore, by applying the ratio of the above decisions and guidelines of the Government to this matter at hand, I find no justification to disallow this writ petition filed by the petitioner.

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

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

The impugned order dated 01.05.2025(Annexure-6) passed in Mutation Case No.1805 of 2022 by the Tahasildar, Nuapada under Section 8-A of the OLR Act, 1960 is quashed.

The matter vide Mutation Case No.1805 of 2022 under Section 8-A of the OLR Act is remitted back to the Tahasildar, Nuapada to prosecute the same afresh following the ratio of the above decisions and the notification of the Government on production of the certified copy of this judgment by the petitioner.

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