Allowed¶16

Sashikanta Behera v. State of Odisha

Orissa HC18 Mar 2026WP(C)/5430/2026

Case brief

AI extract

What is this about?

Odisha High Court, W.P.(C) No.5430 of 2026, Justice Sashikanta Mishra, 18.03.2026 — mutation application rejected over possible second appeal by State; writ allowed; Tahasildar bound to respect civil Court decree; order dated 02.02.2026 set aside; mutation case to proceed in accordance with law.

What did the court decide?

The writ application is allowed; the order dated 02.02.2026 rejecting the mutation application is set aside and the Tahasildar, Jaleswar is directed to proceed with the mutation case in accordance with law. ¶16

Sashikanta Behera Vs State of Odisha — Orissa HC (2026) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5430 of 2026

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Sashikanta Behera .… Petitioner Represented by Mr. T.K. Mishra, Advocate

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-Versus-

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State of Odisha & Others

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.… Opp. Parties Represented by Mr. S.N. Patnaik, Additional Government Advocate

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CORAM:

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JUSTICE SASHIKANTA MISHRA

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ORDER 18.03.2026

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Order No. 03.

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This matter is taken up through hybrid mode.

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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.

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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.

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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

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justification for not acting upon such decree passed in favour of the petitioner.

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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.

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( Sashikanta Mishra)

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Judge

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Puspanjali

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Signature Not Verified

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Digitally Signed Signed by: PUSPANJALI GHADAI Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 19-Mar-2026 12:17:31

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Sashikanta Behera v. State of Odisha

Case brief

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Sashikanta Behera v. State of Odisha

Case brief

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