p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 14359 of 2026 Amresh Kumar Sahoo …. Petitioner Represented by Mr. P.K. Mohapatra, Advocate -Versus – State of Odisha and Others …. Opp. Parties Represented by Mr. A.R. Dash, AGA CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 13.05.2026 1. This matter is taken up through hybrid mode. 2. The petitioner has approached this Court with the following prayer:- “In this circumstances it is humbly prayed before this Honhle Court may kindly be pleased to issue notice to the Opp. Parties as to why this case shall not be allowed and Opp. Party No. 4 shall not be directed to initiation a proceeding under section 83 of registration Act against the Opp. Parties No. 6 to 17 and further petitioner prays for a direction to remitted back to Opp. Party No. 3 for fresh hearing of mutation case No. 5131 of 2019 which was disposed 02.02.2020 and also opportunity giving to the hearing affected Party and also issued a fresh ROR as per the original legal heirs of Late Dambarudhar Biswal within a stipulated time period for the interest of justice. And/or pass such other order/orders, direction/directions as this Hon'ble Court may deems fit and proper for the ends of justice. And for which act of kindness, the petitioner shall as in duty bound, ever pray.” 3. A mutation case was initiated on the application on Prakash Chandra Biswal and others. The petitioner and opposite parties Order No. 01. p. 2 Nos. 18, 19, 20 and 21 are the legal heirs of one Dambarudhar Biswal who is one of the co-sharers of Prakash Chandra Biswal (applicant in the Mutation Case). No notice on the mutation case was ever served on the petitioner. In the meantime, Shri Dambarudhar Biswal has expired and therefore being the legal heirs, the petitioners and the above named opposite parties……..to the suits. Therefore, they have never noticed but the case was allowed. As a result, they have been seriously prejudiced. 4. Learned State counsel submits that whether notice was actually served upon the LRS of one of the co-sharers is a factual aspect which can only be ascertained by perusing the case record. 4. After considering the submission, this Court deems a proper to dispose of the writ application by granting liberty to the petitioner to approach the Tahasildar, Nischintakoili by submitting an application for recall the order dated 02.02.2020. If such application is filed within a week from today, the Tahasildar, Nischintakoili shall consider the same with a reference to the case record and if he is satisfied that the petitioners are the legal heirs of one of the co-sharers who had already expired by the time of initiation of the mutation application, shall recall the order and hear the mutation case afresh by granting opportunity of hearing to all the necessary parties. 5. It is made clear that the ROR already issued in consequence of the impugned order shall be subject to ultimate order to be passed by the Tahasildar, Nischintakoili in the mutation case. (Sashikanta Mishra) Pravakar Judge