1 | P a g e IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No. 5634 of 2026 Padma Naik `…. Petitioner Represented by Mr. D.Sethi, Advocate -Versus - Collector, Koraput and Anr …. Opposite Parties Represented by Mr. S.N.Pattnaik, AGA CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 30.03.2026 1. This matter is taken up through hybrid mode. 2. The petitioner’s application for mutation of the property bequeathed to him by a will by his father being Mutation Case No. 3988 of 2025 was rejected by order dated 14.11.2025. Reference has been made to the instructions of the Revenue and Disaster Management Department, Odisha Letter No. 16449 dated 07.05.2018 to the effect that in case of an un-probated will mutation is to be rejected. 3. This Court has perused the aforementioned clarification issued by the Government. However, the property in question situates in the district of Koraput. Secondly, the petitioner does not belong to the Schedule Tribe. Koraput is not one of the districts covered Order No. 04. 2 | P a g e under Section 57 of the Indian Succession Act, 1925, which applies only to those areas which were subject to the Lieutenant Governor as on 1st September, 1817. In a similar case, a Coordinate bench of this Court in the case of Prasanta Biswanath @ Prasanta Kumar Biswanath vrs. the State of Odisha, represented through its Collector, Rayagada & others (W.P.(C). No. 54 of 2025) has examined the point of law in this regard and held that Revenue Authorities and the Tahasildars can proceed with the mutation cases in such districts on the basis of un-probated wills. Koraput is one of such districts. 4. In such view of the matter, the impugned order cannot be sustained in the eye of law and is therefore, set aside. The writ application is disposed of directing the Additional Tahasildar to re- open the mutation case and to proceed with in in accordance with law. (Sashikanta Mishra) Judge Deepak