High Court emphasizes necessity of initiating mutation proceedings for deletion of deceased's name from Record of Rights.
In a recent judgment delivered on January 8, 2026, the Orissa High Court underscored the necessity of following proper legal procedures for deleting the name of a deceased tenant from the Record of Rights (R.o.R.). The case, Jayanti Biswas v. State of Odisha, involved a writ petition filed by Jayanti Biswas and others seeking a direct order from the court for the deletion of Mr. Laxman Biswas's name from land records following his death.
Presided over by Justice Ananda Chandra Behera, the court clarified that the deletion of a deceased person's name from the R.o.R. must involve the initiation of a Mutation Case. This process requires an interested party to submit an application to the Tahasildar, who will then conduct an enquiry before passing the necessary orders for deletion. Justice Behera emphasized that a blanket order from the High Court is not permissible in such cases, as it bypasses essential legal formalities.
The High Court, while acknowledging the petitioners' concern, partially allowed the writ petition. It granted them the liberty to file an application with the Tahasildar of Kalimela for the initiation of a Mutation Case. The Tahasildar is then required to carry out a detailed enquiry and make appropriate decisions based on the findings.
This judgment reiterates the importance of adhering to due process in land record management and highlights the judiciary's role in ensuring that legal procedures are not circumvented.
Bottom Line:
For deletion of the name of a deceased recorded tenant from the Record of Rights (R.o.R.), a Mutation Case must be registered, an enquiry conducted, and necessary legal formalities completed. The High Court cannot issue a blanket order for deletion without following these procedures.
Statutory provision(s): Articles 226, 227 of the Constitution of India, 1950
Jayanti Biswas v. State of Odisha, (Orissa) : Law Finder Doc Id # 2836683
