Deletion of Deceased Tenant’s Name from RoR Requires Tahasildar Enquiry: Orissa High Court

Deletion of Deceased Tenant’s Name from RoR Requires Tahasildar Enquiry: Orissa High Court

The Orissa High Court has held that a writ petition cannot be entertained for the deletion of a deceased person’s name from the Record of Rights (RoR) without following the statutory mutation process.

The case arose when the petitioners sought direct deletion of a deceased tenant’s name from the RoR and substitution of their names as legal representatives.

The Court clarified that such relief requires registration of a Mutation Case and a prior enquiry by the jurisdictional Tahasildar, who alone is competent to pass orders.

The writ petition was partly allowed, granting liberty to approach the Tahasildar for appropriate action.

[Jayanti Biswas & Ors. v. State of Odisha & Ors.]

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