Biswa Ranjan Mohanty v. Additional Commissioner

Mr. Rajkishore Swain, Advocate -versus- Additional Commissioner Consolidation and Settlement, Board of Revenue, Cuttack and others …. Opp. Parties Mr. D. Mohanty, AGA CORAM: JUSTICE M.S. SAHOO ORDER 07.04.2025 (Hybrid Mode) Order No. 01.

Heard learned counsel for the petitioner. Learned counsel for the petitioner submits that the petitioner is aggrieved by the order dated 11.04.2023 passed by opposite party no.2-Tahasildar, Kantapada as the order is based on wrong appreciation of material on record as well as being contrary to the order dated

22.09.2021 passed by the Additional Commissioner, Consolidation and Settlement, Board of Revenue, Odisha, Cuttack in R.P. Case No.399 of 2018. The Tahasildar’s action has resulted in prolong litigation. It is submitted that the wrong order passed by the Tahasildar should be interfered with by this Court on exercising extra-ordinary writ jurisdiction under Article 226 of the Constitution of India.

The learned Additional Government Advocate submits that without going into the merits of the case it has to be appreciated that the order is appealable before the Sub- Collector. On being asked the learned counsel for the petitioner also fairly concedes that the order is appealable.

It is further submitted by the learned counsel for the petitioner that there would be delay in approaching the appellate authority as the prescribed time for filing appeal is one month from the date of the order, i.e. order dated

11.04.2023. There be direction for condonation of delay. The learned Additional Government Advocate in response submits that the petitioner has filed the writ petition in the year 2025 much after passing of the order dated 11.04.2023.

Having heard learned counsel for the parties, it is directed that the petitioner, if so advised, shall approach the appellate authority by filing appeal as per provisions of the Odisha Survey & Settlement Act, 1958 and Rules, 1962 read with the set of executive instructions contained in Odisha Mutation Manual.

Taking a pragmatic and sympathetic view and considering the fact that the petitioner wants to enforce his right to property it is directed if the petitioner as undertaken files appeal before the appellate authority within four weeks, the same shall be considered on merits by condoning the entire period of delay in approaching the appellate authority. Failure on part of the petitioner to prefer appeal within four weeks shall result in the Tahasildar’s order dated 11.04.2023 to be followed with its consequences. (M.S. Sahoo) Judge jyostna Signature Not Verified Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: OHC Date: 08-Apr-2025 12:32:38