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2026 DAILYLAW 7901 (ORI)

INOCENCIO PRADHAN v. STATE OF ODISHA

WP(C)/10838/2026 · 2026-04-29

Sashikanta Mishra

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 10838 of 2026 CORAM: JUSTICE SASHIKANTA MISHRA ORDER 29.04.2026 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the petitioners and learned Addl. Government Advocate for the State. 3. The petitioners are aggrieved by order dated 09.01.2026 passed by the Tahasildar, Raikia in rejecting the mutation case filed by them being Mutation Case No.33 of 2026. It is submitted that the observation made in the impugned order that the kisam of the land is ‘jungle’ is contrary to record, inasmuch as, as per ROR published on 30.09.1980, the concerned plot, being Plot No.432 is of Patita kisam. 4. This Court, however, observes that the Tahasildar has also held that the land being recorded as ‘Abada Jogya Anabadi’, the same cannot be mutated in favour of the petitioners. The petitioners, on the other hand, claim to have purchased the land on the strength of registered sale deed on 19.02.1972. These are all factual aspects, which can be better appreciated by the appellate Court on the basis of materials placed before it. Inocencio Pradhan and Others .… Petitioners Represented by Mr. B.B. Mishra, Advocate -Versus- State of Odisha & another .… Opp. Parties Represented by Mr. S.N. Patnaik, Advocate Order No. 01. . 5. Since alternative remedy is available, the writ petition is disposed of granting liberty to the petitioners to prefer appeal within two weeks from today. If such appeal is preferred along with the application seeking condonation of delay, the appellate authority shall condone the delay and hear the appeal on its own merit in accordance with law. The appeal shall be finally disposed of within two months from the date of its filing. (Sashikanta Mishra) Judge B.C. Tudu Designation: Sr. Stenographer