The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5565 of 2017 (In the matter of an application under Articles 226 and 227 of the Constitution of India) Rohit Raulo …. Petitioners -versus- Sub-Collector, and others Berhampur …. Opposite Parties Appeared in this case:- For Petitioner For Opposite Parties : :
Legal Reasoning
Mr. K.A. Guru, Advocate Mr. G. Mohanty, Learned Standing Counsel CORAM: JUSTICE A.C. BEHERA JUDGMENT Date of hearing : 24.11.2025 / date of judgment : 23.12.2025 A.C. Behera, J. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order dated 03.01.2017(Annexure-5) passed in GKLC Appeal No.04 of 2014 by the Additional Sub-collector, Berhampur. 2. The factual backgrounds of this writ petition, which prompted the petitioner for filing the same is that, the petitioner had challenged the order passed in GKP Lease Case No.3385 of 2012 by the Tahasildar, Berhampur(Opposite Party No.2) preferring an appeal vide GKLC Appeal No.04 of 2014 before the Sub-collector, Berhampur. The Sub-collector, Berhampur(Opposite Party No.1) transferred the said appeal vide GKLC Appeal No.04 of 2014 to the Additional Sub-collector, Berhampur. The Additional Sub-collector, Berhampur, as per the impugned order dated 03.01.2017 instead of deciding the said appeal vide GKLC Appeal No.04 of 2014 on merit advised the appellant(petitioner in this writ petition) to prefer an appeal before the competent authority and disposed of the said GKLC Appeal No.04 of 2014 finally on that day, i.e., on 03.01.2017 assigning the reasons that, “suit land is Gramakantha Paramboke land stands recorded in the name of Late Hari charan Pattnaik son of Late Karunakar Pattnaik in Hal Khata No.1403 in village Berhampur. As per the amended provisions of the OGLS Rules, 2010, the Sub- collector is the competent authority to settle the same in favour of the person in possession to the extent of Ac.0.040 decimals in Urban Area. The appellate authority is the next higher authority of Sub-collector as per the provisions of Page 2 of 9 OGLS Act, 1962. In the instant case, when the Sub-collector had returned the case record for taking necessary action and the applicant has claimed for settlement of Ac.0.018 decimals land and the Tahasildar has recommended for settlement of Ac.0.007 decimals and when, the Additional Tahasildar has rejected the claim instead of complying the discrepancy, then, this Court has no authority to interfere with the matter. Hence, the appellant is advised to prefer an appeal before the competent authority and as such, the appeal is disposed of.” 3. On being dissatisfied with the above impugned order dated 03.01.2017(Annexure-5) passed in GKLC Appeal No.04 of 2014 by the Additional Sub-collector, Berhampur, the petitioner challenged the same by filing this writ petition praying for quashing the impugned order dated 03.01.2017 passed in GKLC Appeal No.04 of 2014 by the Additional Sub-collector, Berhampur. 4. I have already heard from the learned counsel for the petitioner and the learned Standing Counsel for the State. Page 3 of 9 5. Here, in this matter at hand, the order passed by the Additional Tahasildar, Berhampur in GKP Lease Case No.3385 of 2012 vide Annexure-1 was challenged by the petitioner preferring GKLC Appeal No.04 of 2014, but, the Additional Sub-collector, Berhampur, as per the impugned order vide Annexure-5 without deciding the said appeal on merit advised the appellant(petitioner in this writ petition) to prefer an appeal before the competent authority stating that, the said appeal cannot be decided by him. 6. As per the Notification No.5374/R&DM dated 11.02.2010 of the Government of Orissa, Revenue and Disaster Management Department, “the Tahasildar shall as per delegation of powers either approve the settlement or submit the case record to the Sub-collector for confirmation of such settlement. While submitting the case record, all proposals of that particular village shall have to be processed together, as far as possible, taking the village as one unit. While sending proposals to the Sub-collector, the Tahasildar shall also append a certificate in the case record to the effect that, he has verified both Sabik and Hal Record of Rights and found that, the subject land qualifies for action under the Page 4 of 9 Act and these Rules. Cases involving area of land used for homestead purposes will be approved by the Sub-collector, if the extent of land is up-to four decimals(one-twenty-fifth of an acre) in urban area or exceeds four decimals, but, does not exceed ten decimals (one-tenth of an acre) in rural areas.” 7. Section 7 of The Orissa Government Land Settlement Act, 1962 provides that, an appeal shall lie against any order made under Section 3 or Section 3-B for settlement of Government land as well as resumption of land before an officer and when, order is made below the rank of a Sub- divisional Officer, to the Sub-divisional Officer and when, an order is made by the Sub-divisional Officer, to the collector and when an order is made by a Collector, to the Revenue Divisional Commissioner. 8. Nowhere, in the Notification No.5374 dated 11.02.2010 of the Government of Orissa provides that, an appeal shall be preferred before the higher rank of Sub- divisional Officer challenging the order passed by the Tahasildar or Additional Tahasildar under OGLS Act and Rules, thereof in respect of Gramakantha Paramboke land. The said notification only provides that, the Tahasildar Page 5 of 9 either to approve the settlement or to submit the case record to the Sub-collector for confirmation of such settlement. But, that notification has not provided for preferring an appeal against the order of Tahasildar before the next higher authority of the Sub-collector, but, the Additional Sub-collector, Berhampur has erroneously indicated in the impugned order that, as per the amended provision of the OGLS Act, 2010, only the Sub-collector is the competent authority to settle the land relating to Gramakantha Paramboke land and the next higher authority to challenge the order relating to settlement of Gramakantha Paramboke land is the higher authority of Sub-collector. Rather, the Notification No.5374 dated 11.02.2010 of the Government of Orissa provides for the settlement of the case land either by the Tahasildar itself or to submit the case record to the Sub-collector for confirmation of such settlement. 9. Here, in this matter at hand, when the impugned order under Annexure-1 in GKP Lease Case No.3385 of 2012 was passed by the Additional Tahasildar, Berhampur and the said order was challenged before the Sub-collector, Page 6 of 9 Berhampur by preferring an appeal vide GKLC Appeal No.04 of 2014 and when, Section 7 of the Orissa Government Land Settlement Act, 1962 provides that, any order passed by an officer below the rank of Sub-collector is appealable before the Sub-collector(Sub-divisional Officer), then at this juncture, the Additional Sub-collector, Berhampur should not have held that, he lacks jurisdiction to hear the appeal vide GKLC Appeal No.04 of 2014 preferred against the order passed by the Additional Tahasildar, Berhampur in GKP Lease Case No.3385 of 2012 (Annexure-1). 10. For which, the impugned order vide Annexure-5 passed in GKLC Appeal No.04 of 2014 by the Additional Sub-collector, Berhampur for non-deciding the same on merit on the ground that, he has no authority to decide the same cannot be sustainable under law. 11. Therefore, there is justification under law for making interference with the same through this writ petition filed by the petitioner. Page 7 of 9 12. As such, there is merit in this writ petition filed by the petitioner. The same is to be allowed. 13. In result, the writ petition filed by the petitioner is allowed on contest. The impugned order dated 03.01.2017 vide Annexure- 5 passed in GKLC Appeal No.04 of 2014 by the Additional Sub-collector, Berhampur is quashed. 14. The matter vide GKLC Appeal No.04 of 2014 is remitted back to the Additional Sub-collector, Berhampur for deciding the same afresh as per law after giving opportunity of being heard to the parties in full compliance of the principles of natural justice as expeditiously as possible preferably within a period of two months from the date of appearance of the parties in the said GKLC Appeal No.04 of 2014. 15. The parties in this writ petition are directed to appear before the Additional Sub-collector, Berhampur in GKLC Appeal No.04 of 2014 on dated 09.01.2026 for the purpose of receiving the directions of the Additional Sub-collector, Berhampur(Opposite Party No.1) as to the further Page 8 of 9 proceedings of GKLC Appeal No.04 of 2014 and to file the certified copy of this judgment for disposal of the said GKLC Appeal No.04 of 2014. 14. As such, this writ petition filed by the petitioner is
Decision
disposed of finally. Judge Orissa High Court, Cuttack The 23rd of December, 2025/ Jagabandhu, P.A. ( A.C. Behera ) Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 26-Dec-2025 11:06:20 Page 9 of 9