Kailash Chandra Singh & Others 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 petitioners praying for directing the Tahasildar, Koksara (Opposite Party No.4) to receive the application for mutation of the petitioner vide Annexure-5, as the Tahasildar, Koksara (Opposite Party No.4) did not receive the application for mutation of the petitioners from the petitioners.

Heard from the learned counsel for the petitioners and learned Addl. Standing Counsel for the State.

The law concerning the duty of the Tahasildar to receive the application or applications, if filed by any person and to act upon the same has already been clarified in the ratio of the following decision:-

In a case between Sunil Kumar Yadav Vrs. District Magistrate, Lucknow and others reported in 2025(3) Civil Court Cases-159 (Allahabad) that,

Tahasildar cannot refuse to accept the application for mutation filed by a party/person, but he is bound to accept the same and to register the same as per law, then to proceed with the same for its disposal according to law. But, Tahasildar cannot refuse to accept the application for mutation. The oral refusal of the Tahasildar to accept the application for mutation from a person/party shall be amount to violation of the right of that person to seek legal redressal. (Para-5).

When, the propositions of law has already been settled in the ratio

of the aforesaid decision that, the Tahasildar cannot refuse to receive the application of any person including the petitioners for mutation and it is his duty as per law to receive the same and to register the same according to law as mutation case, then at this juncture, by applying the principles of law enunciated in the aforesaid decision to this matter at hand, I find no justification to disallow the writ petition filed by the petitioners.

Therefore, the writ petition filed by the petitioners is to be allowed.

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

The Tahasildar, Koksara (Opposite Party No.4) is directed to receive the application for mutation vide Annexure-5, if submitted by the petitioners annexing the certified copy of this judgment and to register the same as a mutation case and then to dispose of the same as per law as expeditiously as possible by following the guidelines/circular issued by the Government of Orissa vide Notification No.10186 dated 24.03.2021.

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