Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.7423 of 2026
Soumitri Bhue …. Petitioner Mr. Arjuna Charana Behera, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. Sanjib Kumar Swain, Addl. Government Advocate
CORAM:
THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No.
ORDER 17.04.2026
01. 1. Challenging the order dated 31.01.2026 passed by the Thasildar, Rampur, the petitioner has approached this Court invoking the jurisdiction under Articles 226 and 227 of the Constitution of India, with the following relief(s):
“Therefore, it is respectfully prayed that this Hon'ble Court may graciously be pleased to Admit this Writ Petition, issue rule Nisi for calling upon opposite party No.5 for show cause as to why the direction will not be issued for fresh consideration of the mutation case of the petitioner. This Hon’ble Court be pleased to make its rule absolute if the said opposite party fails to submit sufficient cause or show insufficient cause and after hearing from the parties, this Hon’ble court may direct in the writ of Mandamus to the opp. party No. 5 to reconsider the mutation case of the petitioner and correct the ROR in favour of the petitioner by setting aside the order dt.31.01.2026 passed in Mutation Case No.46 of 2020 for the interest of justice and equity. This Hon’ble court may further be pleased to grant liberty to the petitioner to approach to the Appellate Forum within a period fixed by this Hon’ble Court. This Hon’ble Court be pleased to pass any order(s) may direct any direction as this Hon'ble Court may deem fit just and proper in this case. And for this act of kindness the petitioner as in duty bound shall ever pray.” p. 2
2. Mr. Sanjib Kumar Swain, learned Addl. Government Advocate drew attention of this Court to the concluding part of the impugned order, which reads as thus:
“***Gone through the papers filed by the opposite party. It is found that a civil suit No. 133 of 2023 is pending before the Hon’ble Civil Judge (Sr. Division), Sonepur pertaining to the schedule of land which the petitioner has prayed to mutate in his name and the case is sub judice before the Hon’ble Civil Court. In view of the pendency of Civil suit on the case land I am not inclined to proceed further and hence, the case is dropped. Pronounced in open court, today this the 31st day of January, 2026.”
3. Heard Mr. Arjuna Charana Behera, learned Advocate appearing for the petitioner and Mr. Sanjib Kumar Swain, learned Addl. Government Advocate for the opposite party Nos. 1 to 5. 4. Considered the submissions and perused the record. 5.
On perusal of record, it is observed that Civil Suit bearing No.133 of 2023 is pending before the learned Civil Judge (Senior Division), Sonepur pertaining to schedule of land in dispute. Passing any order or direction to the authority concerned with respect to correct of record-of-right would be preposterous and it would cause serious prejudice the merit of the suit. In such view of the matter, this Court is not inclined to entertain the writ petition. Hence, the writ petition stands dismissed. (M.S. Raman) Judge Bichi Designation: Secretary