Amulya Kumar Dehury v. State of Odisha

Orissa HC16 Mar 2026WP(C)/2606/2026

Case brief

AI extract

What is this about?

Orissa High Court writ petition (W.P.(C)) disposed of; registered sale deed dated 23.07.2025 objections; mutation appeal disposed of; joint recording of land among co-sharers; joint khata land; Opposite Party No.6 mutation restraint; Opposite Party No.5 sale deed; liberty to appeal to Appellate Authority within ten days; condonation of delay at first instance; appeal to be heard on own merit.

What did the court decide?

Liberty to the petitioner to file an appeal before the Appellate Authority within ten days; any application for condonation of delay to be considered at the first instance, noting the petitioner's earlier approach to this Court; appeal thereafter to be heard on its own merit. ¶¶27

Amulya Kumar Dehury Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶27

Issue for consideration

Whether the revenue authorities should be directed to dispose of the petitioner's objections against the Registered Sale Deed dated 23.07.2025, to refrain from mutating the land in favour of Opposite Party No.6 pending adjudication, and whether the sale deed executed by Opposite Party No.5 affects the petitioner's rights as co-sharer in joint khata land.

¶¶19

Court's answer

The first part of the petitioner's prayer (disposal of objections against the registered sale deed) has become infructuous because the mutation appeal has meanwhile been disposed of by directing joint recording of the land in the names of all co-sharers.

¶¶25

Ratio / Principle

As regards the remaining prayers, this Court holds that the petitioner, if aggrieved, can challenge the order passed in the mutation appeal before the appropriate authority.

¶¶26

Key takeaways

The writ petition is disposed of, granting the petitioner liberty to move the Appellate Authority within ten days by filing an appeal; if accompanied by an application for condonation of delay, that application shall be considered at the first instance, taking note that the petitioner had approached this Court and the matter remained pending till date; thereafter the appeal shall be heard on its own merit.ratio¶¶27

Detailed headnote1 paragraphs

W.P.(C) No. 2606 of 2026 (High Court of Orissa at Cuttack, Order No. 02, 16.03.2026, Sashikanta Mishra, J.) — Amulya Kumar Dehury v. State of Odisha & Others. Petitioner sought disposal of his objections against a Registered Sale Deed dated 23.07.2025, restraint on mutation in favour of Opposite Party No.6 pending adjudication of co-sharers' rights, and declaration that the sale deed executed by Opposite Party No.5 would not affect his rights as co-sharer in joint khata land. During pendency, the mutation appeal was disposed of by directing joint recording of the land in the names of all co-sharers, rendering the first prayer infructuous. Court disposed of the writ petition granting liberty to file an appeal before the Appellate Authority within ten days, with any condonation-of-delay application to be considered at first instance and the appeal thereafter heard on its own merit.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 2606 of 2026

¶2

Amulya Kumar Dehury …. Petitioner

¶3

Represented by Mr. P.K. Mohapatra,

¶4

Advocate

¶5

-Versus –

¶6

State of Odisha and Others ….

¶7

Opp. Parties

¶8

Represented by Mr. S.K. Pattnaik, AGA

¶9

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

Order No. 02.

16.03.2026

This matter is taken up through hybrid mode.

¶14

The petitioner has approached this Court with the following

¶15

prayer:-

¶16

“The petitioner therefore prays that your Lordships may graciously be pleased to: -

¶17

i) Direct the opposite parties to dispose of the objections filed by the Petitioners against the Registered Sale Deed dated 23.07.2025 within a stipulated time.

¶18

ii) Direct the revenue authorities not to effect mutation in favour of Opposite Party No.6 till disposal of objections and adjudication of rights of co-sharers.

¶19

Ill) Declare that the sale deed executed by Opposite Party No.5 shall not affect the rights of the Petitioner, being cosharers in joint khata land;

¶20

iv) pass such other orders/directions as may be deemed in the bonafide interest of justice.

¶21

And for this act of kindness, the petitioner as in duty bound shall ever pray.”

¶22

As directed, the learned State Counsel has obtained instruction that in the meantime, the mutation appeal has been disposed of by directing joint recording of the land in question in the names of all the co-sharers.

¶23

In such view of the matter, the first part of the prayer of the

¶24

Page 1 of 3

¶25

petitioner made in the writ petition has become infructuous.

¶26

In so far as, the other prayers are concerned, this Court is of the considered view that the petitioner, if so aggrieved, can challenge the order passed in the mutation appeal before the appropriate authority.

¶27

The writ petition is disposed of granting liberty to the petitioner to move the Appellate Authority within ten days from today by filing an appeal. If such appeal is filed along with an application for condonation of delay, the Appellate Authority shall consider the application for condonation of delay at the first instance. If that be so, the appellate authority shall take note of the fact that the petitioner had, rightly or wrongly approached this Court and the matter remained pending till date. Thereafter, the appeal shall be heard on its own merit.

¶28

( Sashikanta Mishra) Judge

¶29

Pravakar

¶30

Signature Not Verified

¶31

Digitally Signed Signed by: PRAVAKAR NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 18-Mar-2026 12:11:08

¶32

Page 2 of 3

Amulya Kumar Dehury v. State of Odisha

Case brief

What is this about?

What did the court decide?

Amulya Kumar Dehury v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Siba Narayan Pradhan Vs State of Odisha

Saroj Jayapuria Vs State of Orissa

Ranjita Bhumiji Vs State of Odisha

Manjula Sahoo Vs State of Odisha

Sania Singh Vs State of Odisha

Rupali Lenka Vs State of Odisha