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2026 DAILYLAW 8718 (ORI)

SASHIKANTA BEHERA v. STATE OF ODISHA

WP(C)/5430/2026 · 2026-03-18

Sashikanta Mishra

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5430 of 2026 CORAM: JUSTICE SASHIKANTA MISHRA ORDER 18.03.2026 1. This matter is taken up through hybrid mode. 2. The petitioner’s application for mutation being Mutation Case No.5729 of 2025 was rejected by the Tahasildar, Jaleswar by order dated 02.02.2026 on the ground that the Government Pleader, Balasore has suggested him to take necessary steps for filing of second appeal against the judgment passed by the first appellate Court in the connected civil matter. 3. Learned State counsel has no instructions in the matter. Sufficient opportunity has been granted to the State. Hence, the matter is taken up for final disposal. 4. This is a case where the petitioner is unable to enjoy the fruits of the decree obtained by him since 17.05.2023. The mutation case cannot be refused to be entertained on the mere possibility of filing of second appeal by the State. In any case, it is trite law that the revenue authorities are bound to respect the decree of the civil Court. It is needless to mention that in the absence of any decree being passed by the higher forum reversing the decree of the first appellate Court, there can be no legal impediment much less any Sashikanta Behera .… Petitioner Represented by Mr. T.K. Mishra, Advocate -Versus- State of Odisha & Others .… Opp. Parties Represented by Mr. S.N. Patnaik, Additional Government Advocate Order No. 03. . p. 2 justification for not acting upon such decree passed in favour of the petitioner. 5. The writ application is therefore, allowed. The order dated 02.02.2026 is set aside. The Tahasildar, Jaleswar is directed to proceed with the mutation case in accordance with law. (Sashikanta Mishra) Judge Puspanjali Designation: Junior Stenographer Location: High Court of Orissa, Cuttack.