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Accordingly, the RoR of the case land vide Khata No.474/4107, Plot No.516/1759/4921(Annexure-4) was prepared under „sthitiban status‟ having its kisam as „gharabari‟ in the name of the petitioner. That RoR vide Annexure-4 in the name of the petitioner was not challenged by anybody including the State. Accordingly, the petitioner had been paying rent of the case land in its name through valid rent receipts.

Surprisingly, the Additional Tahasildar, Bhubaneswar(Opposite Party No.5) initiated a Suo Motu Mutation Case No.11202 of 2025 on the basis of a letter of Revenue and Disaster Management Department vide Letter No.RDM-CHS-PGOT-0303-2020-23868/R&DM dated 02.07.2025 (Annexure-5) and corrected/changed the SATWA STATUS in the RoR of the case land vide Khata No.474/4107, Plot No.516/1759/4921 (Annexure-4) as per the impugned order dated 15.11.2025 (Annexure-1) passed in that Suo Motu Mutation Case No.11202 of 2025 from "STHITIBAN" to "PATTADAR" and on the basis of such impugned order dated 15.11.2025 (Annexure-1), the SATWA Column in the RoR of the case land was changed from "STHITIBAN" to "PATTADAR". The changed/corrected impugned RoR is Annexure-2.

(iv) In a case between State of Punjab vrs. Davinder Pal Singh Bhullar and others etc. : reported in 2012(51) OCR (SC)-220 that, if initial action is not consonance with law, all subsequent and consequential proceedings would fall through for the reasons that illegality strikes at the root of the order.

9. In addition to the above argument of the learned counsel for the petitioner relating to the lack of retrospective effect of the Notification No.23868/R&DM dated 02.07.2025 of the Government, his second limb of argument was that, even otherwise the Notification dated 02.07.2025 can have no applicability to the given facts relating to the lease lands granted for agricultural purpose in W. L. Cases under the OGLS Act as per the prevailing lease principles then holding the field like the W.L. Case No.2003/78 in this matter at hand in respect of the case land, it was pointed out by him that, Section 4(f) of the OLR Act, 1960 confers heritable right upon the settlee of the case land and also confers alienable right in favour of the settlee after the lock period of ten years for its non- alienation. The Para No.26 of the Letter No.22206 dated 19.06.2025 of the Government also in support of conversion of agricultural lease hold land like the case land from agricultural purposes to non-agricultural purposes as per Section 8-A of the OLR Act. According to him, when, the alienation of the case land has been made much after ten years of the settlement of the case land in favour of the predecessor of the vendors of the petitioner in W.L. Case No.2003/78 and when, the conversion of the case land from agriculture purpose to homestead purpose has been made by the order of the Tahasildar, Bhubaneswar in OLR Case No.1513 of 2011 under Section 8-A of the OLR Act and when, the aforesaid conversion and alienation of the case land and preparation of the RoR of the case land vide Annexure-4 in favour of the petitioner were inconformity with law, for which, the impugned order dated 15.11.2025(Annexure-1) passed by the Opposite Party No.5 in Suo Motu Mutation Case No.11202 of 2025 and the consequential change in the RoR of the case on the basis of the said Annexure-1 cannot be sustainable under law.

For which, the impugned order dated 15.11.2025(Annexure-1) passed in Suo Motu Mutation Case No.11202 of 2025 as well as correction of SATWA STATUS in the RoR of the case land vide Khata No.474/4107 from "STHITIBAN" to "PATTADAR" cannot be sustainable under law.

12. Therefore, there is justification under law for making interference with the impugned order dated 15.11.2025(Annexure-1) passed in Suo Motu Mutation Case No.11202 of 2025 by the Additional Tahasildar, Bhubaneswar(Opposite Party No.5) as well as with the correction of the SATWA STATUS in the RoR vide Khata No.474/4107 from "STHITIBAN" to "PATTADAR" through this writ petition filed by the petitioner.

13. As such, there is merit in this writ petition filed by the petitioner. The same is to be allowed.

14. In result, this writ petition filed by the petitioner is allowed.

The impugned order dated 15.11.2025(Annexure-1) passed in Suo Motu Mutation Case No.11202 of 2025 by the Additional Tahasildar, Bhubaneswar(Opposite Party No.5) and the correction of SATWA STATUS in the RoR vide Khata No.474/4107 from "STHITIBAN" to "PATTADAR" are quashed.

Due to the quashing of the Annexure-1 as well as the change of SATWA STATUS in the RoR of the case land vide Khata No.474/4107, the Additional Tahasildar, Bhubaneswar (Opposite Party No.5) is directed through issuance of writ of mandamus for preparation of the RoR of Khata No.474/4107, Plot No.516/1759/4921 in Mouza- Patia in the name of the petitioner correcting the SATWA STATUS thereof from "PATTADAR" to "STHITIBAN" and to keep/maintain the same as it was prior to the passing of the impugned order dated 15.11.2025 (Annexure-1) as "STHITIBAN" and the Additional Tahasildar, Bhubaneswar (Opposite Party No.5) is also directed to correct the SATWA STATUS in the RoR of Khata No.474/4107 preparing the same reflecting its SATWA STATUS as "STHITIBAN" in the name of the petitioner within a period of one week positively from the date of production of the certified copy of this judgment before the Opposite Party No.5.