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

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

What the court decided

AI extract

Outcome

Liberty to the petitioner to prefer revision within two weeks (such revision, if preferred within the stipulated period, to be considered in accordance with law); return of the certified copies of all orders enclosed to the writ application to counsel for the petitioner on proper substitution; urgent certified copy of this order on proper application.

Issue for consideration

Whether the writ petition challenging the mutation orders should be entertained on merits by the High Court, or whether the petitioner should instead avail the statutory remedy of revision under Section 32 of the OSS Act against the order passed in Mutation Appeal.

Court's answer

An order passed in Mutation Appeal can be revised as per Section 32 of the OSS Act, as earlier 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); accordingly the writ application is disposed of rather than adjudicated on merits.

Ratio / Principle

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

Key takeaways

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

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (W.P.(C). No. 7803 of 2026, decided 17.04.2026, Sashikanta Mishra, J.): Writ petition seeking quashing of the order dt. 14.10.2025 of the Sub-Collector, Balasore in Mutation Appeal No. 73/2024 (Annexure-3) and the order dated 28.03.2024 of the Tahasildar, Soro in mutation case No. 2243/2023 (Annexure-2), and allowance of the petitioner's mutation application, was disposed of at the threshold. Observing that an order passed in Mutation Appeal can be revised as per Section 32 of the OSS Act, as earlier held by the Court in Asutosh Mohapatra and others vrs. Sk. Manwar Alli and others and batch (W.P.(C). No. 24461 of 2025 and batch), the Court granted the petitioner liberty to prefer revision within two weeks, directing that such revision, if preferred within the stipulated period, be considered in accordance with law.

IN THE HIGH COURT OF ORISSA AT CUTTACK

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

Hrudaya Chaitanya `…. Petitioner Nayak Represented by

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

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

CORAM: JUSTICE SASHIKANTA MISHRA

Order No. 02.

ORDER_ 17.04.2026

This matter is taken up through hybrid mode.

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

“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;

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;

1 | P a g e

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

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.

The certified copies of all orders enclosed to the writ application be returned to the counsel for the petitioner on proper substitution.

Urgent certified copy of this order be granted on proper application.

( Sashikanta Mishra) Judge

Deepak

Signature Not Verified

Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 17-Apr-2026 18:56:49

2 | P a g e