Afr Smt. Sailabala Panigrahi vs State Of Odisha And Others …… Opp. … on 5 May, 2026

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    Orissa High Court

    Afr Smt. Sailabala Panigrahi vs State Of Odisha And Others …… Opp. … on 5 May, 2026

    Author: Sashikanta Mishra

    Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) No.33321 of 2022
    
           (An application under Articles 226 and 227 of the Constitution of India)
                                          ---------------
    AFR    Smt. Sailabala Panigrahi                    ......        Petitioners
    
                                       -Versus-
    
           State Of Odisha and Others                         ...... Opp. Parties
    
    
           Advocate(s) appeared in this case through virtual mode
             For Petitioner        : M/s. D. Mahapatra, J. Panigrahi,
                                     Advocates
    
             For Opp. Parties      : Mrs. J. Sahoo,
                                    Additional Standing Counsel
    
                                    Mr. J. Tewari, Advocate
                                    [for O.P. No.5]
    
                                    Mr. J. Panda, Adv. for intervenor
    
           CORAM:
                      JUSTICE SASHIKANTA MISHRA
    
                                       JUDGMENT
    

    5th May, 2026

    SASHIKANTA MISHRA, J.

    SPONSORED

    The petitioner seeks to assail the order dated

    03.03.2022 passed by the Sub-Collector, Kandhamal,

    Phulbani in Mutation Appeal No.22 of 2021, whereby the

    appellate authority has set aside the order dated 05.04.2021

    Page 1 of 13
    passed by the Tahasildar, Kandhamal in Mutation Case

    No.160 of 2021 under which the Record-of-Rights (ROR) had

    been prepared in favour of the petitioner.

    2. The facts of the case are that the land

    appertaining to Plot No.1053/1326 under Khata No.238/347

    measuring an area of Ac.0.015 decimals situated in Mouza-

    Phulbanisahi originally stood recorded in the name of one

    Kishore Chandra Padhi. Out of the said land, an extent of

    Ac.0.013 decimals was purchased by Opposite Party No.5 by

    means of a registered sale deed dated 06.12.2004 and

    possession thereof was delivered in her favour. Subsequently,

    the petitioner purchased the remaining extent of Ac.0.002

    decimals from Kishore Chandra Padhi by a registered sale

    deed dated 26.03.2021 and came into possession of the same.

    Pursuant to purchase, the petitioner applied for mutation,

    and the Tahasildar, Kandhamal, upon due enquiry, allowed

    the mutation in Mutation Case No.160 of 2021 and issued the

    ROR in favour of the petitioner. Being aggrieved by the said

    order, Opposite Party No.5 preferred Mutation Appeal No.22

    of 2021 before the Sub-Collector, Kandhamal, Phulbani

    Page 2 of 13
    contending that the original vendor had already transferred

    the entire extent of land in her favour and had no subsisting

    right to execute the subsequent sale deed in favour of the

    petitioner. The appellate authority, upon consideration of the

    materials on record, allowed the appeal and set aside the

    order of mutation in favour of the petitioner by his order

    dated 03.03.2022. Said order is under challenge in the

    present writ petition.

    3. Counter Affidavit has been filed by Opposite

    Party No. 5 stating that the original recorded tenant, Kishore

    Chandra Padhi had acquired the land measuring Ac.0.013

    decimals (66 ft. × 21 ft.) by virtue of a registered sale deed in

    the year 1979 and had subsequently sold the entire land in

    her favour by means of a registered sale deed dated

    06.12.2004. It is further stated that due to an erroneous

    entry during settlement operation the land was wrongly

    recorded as Ac.0.015 decimals instead of Ac.0.013 decimals

    and taking advantage of such incorrect entry, Kishore

    Chandra Padhi purportedly sold the excess land measuring

    Ac.0.002 decimals to the petitioner though no such land was

    Page 3 of 13
    actually available. Therefore, it is stated by her that the sale

    deed executed in favour of the petitioner is void and the

    mutation granted in her favour was illegal for which it was

    rightly interfered in appeal.

    4. Counter Affidavit has also been filed by the State

    (Opposite Party Nos. 3 & 4) stating that the original vendor,

    Kishore Chandra Padhi had acquired land measuring

    Ac.0.013 decimals and had subsequently sold the entire

    extent in favour of Opposite Party No.5 leaving no land

    available for further transfer. According to them, the

    recording of Ac.0.015 decimals during settlement operation

    was erroneous and did not confer any right upon the vendor.

    It is also stated that taking advantage of incorrect recording,

    the vendor executed a sale deed in favour of the petitioner in

    respect of Ac.0.002 decimals, though no such land was

    available in reality. It is, however, admitted that the

    Tahasildar had allowed the mutation in favour of the

    petitioner on the basis of the registered sale deed and in

    accordance with the prevailing Government instructions,

    without undertaking a detailed enquiry into the title.

    Page 4 of 13

    5. Heard Ms. D. Mahapatra, learned counsel

    appearing for the Petitioner; Mr. J. Tewari, learned counsel

    appearing for the Opposite party no. 5; and Mrs. J. Sahoo,

    learned Additional Standing Counsel for the State (Opposite

    Party No. 3 and 4).

    6. Ms. D. Mahapatra would submit that the

    impugned order passed by the Sub-Collector is without

    jurisdiction and is against the settled principles governing

    mutation proceedings. She submits that mutation neither

    creates nor extinguishes title and the authority is only

    required to ascertain possession on the basis of prima facie

    materials. She further submits that the petitioner having

    purchased Ac.0.002 decimals by a registered sale deed and

    being in possession thereof, the Tahasildar had allowed the

    mutation in her favour. She argues that the appellate

    authority has exceeded its jurisdiction in adjudicating

    disputed questions of title and in holding that the vendor had

    no saleable interest which could only be decided by a

    competent civil court. She also contends that the appeal

    preferred by Opposite Party No.5 was barred by limitation and

    Page 5 of 13
    the same was entertained and disposed of on the same day

    without affording opportunity of hearing to the petitioner,

    thereby violating the principles of natural justice.

    7. Mr. J. Tewari would submit that the original

    vendor, Kishore Chandra Padhi had acquired land measuring

    Ac.0.013 decimals (66 ft. × 21 ft.) by virtue of a registered sale

    deed in the year 1979 and had subsequently sold the entire

    extent of the land in favour of Opposite Party No.5 by

    registered sale deed dated 06.12.2004. He submits that once

    the entire land had been transferred no land remained with

    the vendor for further sale and therefore, the subsequent sale

    deed executed in favour of the petitioner in respect of

    Ac.0.002 decimals is void ab initio. He further argues that the

    recording of Ac.0.015 decimals during the settlement

    operation was erroneous and incorrect entry cannot confer

    any right upon the vendor to transfer non-existent land. He

    also submits that the Tahasildar without verifying the actual

    availability of land, simply allowed the mutation in favour of

    the petitioner on the basis of the registered sale deed and

    Page 6 of 13
    therefore, the Sub-Collector, upon proper appreciation of the

    materials on record, has rightly set aside the mutation order.

    8. Mrs. J. Sahoo would submit that the Tahasildar

    had allowed the mutation in favour of the petitioner on the

    basis of the registered sale deed and in compliance with the

    prevailing Government instructions without entering into the

    question of title. She submits that subsequently, on

    examination of the records and the earlier transactions, it was

    found that the original vendor had already alienated the

    entire land in favour of Opposite Party No.5 and, therefore,

    had no subsisting right to transfer any further extent of land

    to the petitioner. She argues that the Sub-Collector, while

    exercising appellate jurisdiction, has taken into consideration

    the relevant materials on record and has set aside the

    mutation order passed by the Tahasildar.

    9. After hearing learned counsel for parties and

    upon perusal of the case records this Court finds that it is

    well settled that mutation proceedings are summary in nature

    and the records so created are meant only for fiscal purposes

    for recording possession and do not confer, create or

    Page 7 of 13
    extinguish title as held in the case of Balwant Singh v.

    Daulat Singh1 and followed in subsequent decisions.

    10. It would be apt to refer to the recent judgement of

    Supreme Court in the case of Jitendra Singh v. State of

    M.P.,2 wherein Supreme Court observed as follows-

    “7. Right from 1997, the law is very clear. In the case
    of Balwant Singh v. Daulat Singh (D) By Lrs., reported
    in (1997) 7 SCC 137, this Court had an occasion to
    consider the effect of mutation and it is observed and
    held that mutation of property in revenue records
    neither creates nor extinguishes title to the property
    nor has it any presumptive value on title. Such entries
    are relevant only for the purpose of collecting land
    revenue. Similar view has been expressed in the
    series of decisions thereafter.

    8. In the case of Suraj Bhan v. Financial
    Commissioner
    , (2007) 6 SCC 186, it is observed and
    held by this Court that an entry in revenue records
    does not confer title on a person whose name appears
    in record-of-rights. Entries in the revenue records or
    jamabandi have only “fiscal purpose”, i.e., payment of
    land revenue, and no ownership is conferred on the
    basis of such entries. It is further observed that so far
    as the title of the property is concerned, it can only be
    decided by a competent civil court.
    Similar view has
    been expressed in the cases of Suman Verma v.
    Union of India
    , (2004) 12 SCC 58; Faqruddin v.
    Tajuddin
    , (2008) 8 SCC 12; Rajinder Singh v. State of
    J&K, (2008) 9 SCC 368; Municipal Corporation,
    Aurangabad v. State of Maharashtra
    , (2015) 16 SCC
    689; T. Ravi v. B. Chinna Narasimha, (2017) 7 SCC
    342; Bhimabai Mahadeo Kambekar v. Arthur Import
    & Export Co.
    , (2019) 3 SCC 191; Prahlad Pradhan v.
    Sonu Kumhar
    , (2019) 10 SCC 259; and Ajit Kaur v.
    Darshan Singh
    , (2019) 13 SCC 70.”

    1

    (1997) 7 SCC 137
    22021 SCC OnLine SC 802

    Page 8 of 13

    11. In the present case, it is not in dispute that the

    petitioner purchased Ac.0.002 decimals of land by virtue of a

    registered sale deed dated 26.03.2021 and on the basis of the

    registered document, the Tahasildar allowed the mutation in

    her favour. It is also not in dispute that Opposite Party No.5

    claims prior purchase of the entire extent of Ac.0.013

    decimals from the same vendor in the year 2004.

    12. The issue that arises is, whether in a mutation

    proceeding, the appellate authority was justified in examining

    the question as to if the vendor had any subsisting saleable

    interest. In this regard it would be useful to examine the

    powers conferred upon the mutation authority. Rule 34 of the

    OSS Rules being relevant, is reproduced below:

    “34. Grounds on which correction of the
    record-of-rights and map is to be made – The
    Tahasildar may on application in that behalf of any
    person interested or on receipt of a report from any
    of his subordinate officers or on receipt of a notice
    from the Registrar or Sub-Registrar appointed
    under the Indian Registration Act, 1908, or from a
    Court or on his own motion, order any charge of
    any entry in the record-of-rights according to the
    rules hereinafter prescribed on any one or more of
    the following grounds, namely

    (a) that all persons interested in any entry in the
    record-of-rights wish to have it changed;

    Page 9 of 13

    (b) that by a decree in a civil suit, any entry therein
    has been declared to be erroneous,

    (c) that being founded on a decree or order of a Civil
    Court or on the order of any competent authority,
    the entry therein is not accordance with such
    decree or order:

    (d) that such decree or order has subsequently
    been varied on appeal, revision or review;

    (e) that any entry therein has no relationship with
    the existing facts; and

    (f) that by preparation of a survey record under
    Chapter II of the Act, any change is necessitated in
    the record-of-rights.”

    Rule 35 being also relevant is reproduced below:

    “35. Registration of proceedings – All
    proceedings commenced on a report, application or
    otherwise under this Chapter shall be registered as
    mutation cases and each such case shall be
    numbered and entered in register in Form No.8 to
    be called the Mutation Register:

    Provided that changes in any entry of the record-of-
    rights arising out of an order to decree of Revenue
    or a Civil Court or the order of a Tribunal
    constituted under any law for the time being in
    force shall be numbered and entered in the
    Register as separate cases and carried out by the
    Tahasildar immediately on receipt of such order or
    decree, as the case may be, and it shall not be
    necessary to commence a Mutation Proceeding for
    that purpose.”

    [ Emphasis added]

    It is thus, evident that the correction of record of

    rights and map can be made only on the grounds enumerated

    in Rule 34.

    Page 10 of 13

    13. In the considered view of this Court, Rule 34 lays

    down the boundary within which mutation authority is to

    exercise his functions. Further, Rule-41 expressly mentions

    that mutation application is to be heard in a summary

    manner. It is well settled that the appeal is a continuation of

    the original proceeding. Therefore, the powers of the appellate

    authority are also circumscribed by the powers expressly

    provided to the original authority. In other words, the

    appellate authority is to examine the order passed under

    Rule-41 but in doing so, it cannot exceed the boundaries

    prescribed under Rule-34. None of the provisions confer any

    power on the original authority or the appellate authority to

    go beyond the four corners of Rule-34 much less to decide

    other questions including that of title.

    14. The question as to whether the vendor had already

    transferred the entire land in favour of Opposite Party No.5

    and whether any land was available for subsequent sale to

    the petitioner are actually disputed questions and cannot

    therefore, be decided in mutation proceeding or appeal arising

    Page 11 of 13
    therefrom. These can only be adjudicated by a competent

    Civil Court upon appreciation of evidence.

    15. In the present case, the Sub-Collector while

    exercising appellate jurisdiction has gone into the question of

    correctness of the earlier transactions and has recorded a

    finding that no land was available with the vendor for sale to

    the petitioner. Such finding, in the considered view of this

    Court, amounts to adjudication of title, which is beyond the

    jurisdiction of the mutation authorities.

    16. Certain other points were urged to challenge the

    impugned order but this Court having already held that the

    appellate authority exceeded his jurisdiction, the impugned

    order becomes unsustainable on such score alone. As such, it

    is felt unnecessary to go into such question.

    17. For the foregoing reasons therefore, the writ

    application is allowed. The impugned order dated 03.03.2022

    passed by the Sub-Collector, Kandhamal, Phulbani in

    Mutation Appeal No.22 of 2021 is hereby set aside.

    18. It is, however, made clear that this Court has not

    expressed any opinion on the merits of the rival claims of the

    Page 12 of 13
    parties with regard to the title over the land in question. The

    parties are at liberty to approach the competent civil court for

    adjudication of their respective rights, if so advised.

    …………………………

    Sashikanta Mishra,
    Judge

    Orissa High Court, Cuttack,
    The 5th May, 2026/ A.K. Rana, P.A.

    Signature Not Verified
    Digitally Signed
    Signed by: AJAYA KUMAR RANA
    Designation: P.A.
    Reason: Authentication
    Location: High Court of Orissa, Cuttack Page 13 of 13
    Date: 06-May-2026 10:53:50

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