Orissa High Court
WP(C)/8142/2020 on 2 November, 2020
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
W.P.(C) No.8142 of 2020
02. 02.11.2020 Due to outbreak of COVID-19, this matter is taken
up through Video Conferencing.
Heard Mr. D.K. Sahoo, learned counsel for the
petitioner and Mr. Amiya Kumar Mishra, learned
Additional Government Advocate for the State-opposite
parties.
The grievance of the petitioner in this writ petition
is with regard to non-acceptance of the petition for
mutation of land in Sabik Plot No.452 under Khata
No.14 situated in Mouza-Baneikala under Joda P.S. in
the district of Keonjhar (for short 'the case land').
Mr. Sahoo, learned counsel for the petitioner
submits that the petitioner claims title over the case
land on the basis of an unregistered Will executed by
the recorded tenant, namely Sri Rama Chandra Nayak.
On the basis of the said unregistered Will, he wants to
mutate the land in his name. But the Tahasildar,
Barbil-opposite party no.2 is not accepting the petition
for mutation for which this writ petition has been filed.
Mr. Mishra, learned Additional Government
Advocate for the State submits that there is no material
available on record to show that probate in respect of
the said unregistered Will has been granted. Thus, even
if the Tahasildar, Barbil-opposite party no.2 accepts the
mutation case, it will be a futile exercise. As such, the
writ petition is not maintainable.
Taking into consideration the submissions of
learned counsel for the parties, this Court is of the
considered opinion that unless the probate of the Will in
2
respect of the case land is granted, entertaining the
mutation petition will be a futile exercise.
Accordingly, it is directed that if the probate of the
unregistered Will has been granted, the petitioner will
be at liberty to file a petition along with necessary
orders including the order granting probate of the Will
as well as unregistered Will and in that event, the
Tahasildar, Barbil-opposite party no.2 shall accept the
said mutation application and proceed with the matter
in accordance with law.
With the aforesaid observation, this writ petition is
disposed of.
Authenticated copy of this order downloaded from
the website of this Court shall be treated at par with
certified copy in the manner prescribed in this Court's
Notice No.4587 dated 25.03.2020.
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K.R. MOHAPATRA,J.
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