JAYANTI BISWAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioners praying for directing the Tahasildar, Kalimela (Opp. Party No.4) in the district of Malkangiri for deletion of the name of Mr. Laxman Biswas from the R.o.R. vide Khata No.181/61 in Mouza-Erbanpali, because, Mr. Laxman Biswas has expired.

(2.) Heard from the learned Counsel for the petitioner and the learned Addl. Standing Counsel for the State.

(3.) It is the settled propositions of law that, for deletion of the name of a recorded tenant from a R.o.R on the ground of his/her death, a Mutation Case is to be registered on the basis of an application submitted by a interested party, who is interested for deletion of the name of such dead person from the R.o.R and then, an enquiry is to be conducted by the Tahasildar and thereafter, necessary order may be passed by the Tahasildar for deletion/exclusion of the name of the dead recorded tenant from the R.o.R and in his place, the names of his/her LRs be indicated. For which, High Court, cannot pass a blanket order in this Writ Petition directing the Tahasildar, Kalimela (O.P. No.4) for deletion of the name of a dead person from the R.o.R, because, for deletion of the name of a dead person from the R.o.R, some formalities as per law are required to be made before the Tahasildar through a Mutation Proceeding.