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Sanjulata Nayak v. the State of Odisha

Orissa HC17 Apr 2026WP(C)/7150/2026

Case brief

AI extract

What is this about?

Orissa/Odisha High Court, Cuttack; W.P.(C). No. 7803 of 2026; order dated 17.04.2026; Justice Sashikanta Mishra; mutation case No. 2243/2023 (Tahasildar, Soro); Mutation Appeal No. 73/2024 (Sub-Collector, Balasore); Section 32 OSS Act; revision of mutation appeal order; liberty to file revision within two weeks; Asutosh Mohapatra vrs. Sk. Manwar Alli (W.P.(C). No. 24461 of 2025 and batch); writ disposed, not decided on merits.

What did the court decide?

Writ application disposed of with liberty to the petitioner to prefer revision (per Section 32 of the OSS Act) within two weeks; any revision so preferred to be considered in accordance with law. Certified copies of all orders enclosed to the writ application to be returned to counsel for the petitioner on proper substitution; urgent certified copy of this order on proper application.

Sanjulata Nayak Vs the State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ application challenging the orders in Mutation Appeal No. 73/2024 and mutation case No. 2243/2023 should be entertained by the High Court, or whether the petitioner should instead be directed to seek revision under Section 32 of the OSS Act.

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Court's answer

An order passed in Mutation Appeal is revisable under Section 32 of the OSS Act, as previously held by this Court in Asutosh Mohapatra and others vrs. Sk. Manwar Alli and others and batch (W.P.(C). No. 24461 of 2025 and batch).

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Ratio / Principle

On that basis, the writ application is disposed of, granting the petitioner liberty to prefer revision within two weeks from the date of the order.

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Key takeaways

If such revision is preferred within the stipulated period, it shall be considered in accordance with law.ratio¶15

Detailed headnote1 paragraphs

Writ petition (W.P.(C). No. 7803 of 2026, High Court of Orissa) challenging the order dated 28.03.2024 of the Tahasildar, Soro in mutation case No. 2243/2023 (Annexure-2) and the order dated 14.10.2025 of the Sub-Collector, Balasore in Mutation Appeal No. 73/2024 (Annexure-3) was not entertained on merits. Relying on its earlier ruling in Asutosh Mohapatra and others vrs. Sk. Manwar Alli and others and batch (W.P.(C). No. 24461 of 2025 and batch), the Court held that an order passed in Mutation Appeal is revisable under Section 32 of the OSS Act, disposed of the writ application, and granted the petitioner liberty to prefer revision within two weeks; a revision filed within that period is to be considered in accordance with law.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C). No. 7803 of 2026

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Hrudaya Chaitanya `…. Petitioner Nayak Represented by

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Mr. S.K.Mishra, Senior Advocate -Versus -

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State of Odisha and …. Opposite Parties Ors Represented by Mr. A.R.Dash, AGA

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CORAM: JUSTICE SASHIKANTA MISHRA

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Order No. 02.

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ORDER_ 17.04.2026

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This matter is taken up through hybrid mode.

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2. The petitioner has approached this Court with the following prayer:

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“It is therefore prayed that this Hon’ble Court may graciously be pleased to admit this Writ Application, issue notice to the Opposite Parties, call for the relevant records and after hearing the counsel for the parties, the impugned order dt. 14.10.2025 by the Sub-Collector, Balasore in Mutation Appeal No. 73/2024 under Annexure-3 and the order dated 28.03.2024 by the Tahasildar, Soro in mutation case No. 2243/2023 under Annexure-2 be quashed and consequently the application for mutation filed by the petitioner be allowed thereby mutating the case land in favour of the petitioner;

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And further be pleased to pass such further order/orders as this Hon’ble Court deems just, equitable and proper in the facts and circumstances of the present case;

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1 | P a g e

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

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Since the order passed in Mutation Appeal can be revised as per Section 32 of the OSS Act as held by this Court in the case of Asutosh Mohapatra and others vrs. Sk. Manwar Alli and others and batch , (W.P.(C). No. 24461 of 2025 and batch), the writ application is disposed of granting liberty to the petitioner to prefer revision within two weeks from today. If such revision is preferred within the stipulated period, the same shall be considered in accordance with law.

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