Orissa High Court
Case Details
ORISSA HIGH COURT : CUTTACK WP(C) No.21807 of 2020 An application under Articles 226 & 227 of the Constitution of India. *** Dhaneswar Jena … Petitioner -VERSUS- State of Odisha & Others … Opposite Parties Counsel appeared for the parties: For the Petitioner : Mr. S.P.Mishra,Sr.Advocate Mr.P.Das, Advocate For the Opposite Parties : Mr. G.Mohanty, SC (for the O.P. Nos.1 to 3) Mr.S.Mohanty, Advocate (For the O.P.Nos.5 to 7) Mr.P.K.Parhi,Advocate Ms.P.N.Nayak, Advocate (For the O.P.Nos.8 to 10) None (for the O.P. No.4) P R E S E N T: HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA Date of Hearing: 30.10.2025 WP(C) No.21807 of 2020 :: Date of Judgment : 23.12.2025 Page 1 of 18 ANANDA CHANDRA BEHERA, J.— J UDGMENT 1. This writ petition under Articles 226 and 227 of the Constitution of the India, 1950 has been filed by the Petitioner for himself as well as a representative of the Hamlet Kantabania in village Bajrakote under Krushnaprasad Tahasil in the District of Puri praying for quashing the approval of B.C.P. Case No.1 of 2018 passed on dated 16.12.2019 (Annexure-3) by the Director, Land Records & Survey, Odisha (O.P. No.1) i.e. to the declaration of the Hamlet Nuagaon of village Bajrakote as a separate revenue village. 2. The case of the Petitioner is that, he (Petitioner) is a resident of Hamlet Kantabania of village Bajrakote under Krushnaprasad Tahasil in the District of Puri. The village Bajrakote was a revenue village consisting of three Hamlets i.e. Natabania, Kantabania and Nuagaon and the total area of village Bajrakote is Ac.1645.40 decimal. The Hamlet Kantabania is a flourishing hamlet of village Bajrakote having its own Gochar land, cremation/burial ground and Government land for communal purposes and some WP(C) No.21807 of 2020 Page 2 of 18 communal lands thereof had/have also been using by the residents of the Hamlet Nuagaon, as, the Hamlet Nuagaon of village Bajrakote is adjacent to the Hamlet Kantabania under the revenue village Bajrakote.
Legal Reasoning
On the basis of some political background, the residents of Hamlet Nuagaon made a representation to the Collector, Puri (O.P. No.2) for creation of their Hamlet Nuagaon as a separate revenue village keeping Kantabania, as a Hamlet of their proposed revenue village Nuagaon bifurcating the same from the main village Bajrakote. The said representation of the residents of Hamlet Nuagaon was forwarded by the Collector, Puri (O.P. No.2) to the Tahasildar, Krushnaprasad, Puri (O.P. No.3) for an enquiry and report. The Tahasildar, Krushnaprasad, Puri (O.P. No.3) on being influenced politically submitted a report behind the back of the villagers of Bajrakote as well as the residents of Kantabania in support of the application of the residents of Hamlet Nuagaon for declaration of that Hamlet Nuagaon as a separate revenue village without serving statutory notices on the residents of Bajrakote and Kantabania and without calling upon them to have their say through objections in compliance with Rule 61 (4) of the O.S. & S Rule, 1962. As such, there was no joint verification for WP(C) No.21807 of 2020 Page 3 of 18 creation of boundaries of the newly proposed village i.e. Nuagaon. On the basis of the enquiry report dated 24.07.2019 (Annexure-1) of the Tahasildar, Krushnaprasad, Puri (O.P. No.3), the Collector, Puri (O.P. No.2) as per its order dated 04.11.2019 (Annexure-2) sent his proposal to the Director, Land Records & Survey, Odisha (O.P. No.1) for declaration of Hamlet Nuagaon as a separate revenue village as per Rule 61 of O.S. & S Rules, 1962, which is highly illegal. On the basis of the recommendations made by the Collector, Puri (O.P. No.2) on dated 04.11.2019 (Annexure-2), the Director, Land Records & Survey, Odisha (O.P. No.1) approved the proposal of the Collector, Puri (O.P. No.2) on dated 16.12.2019 (Annexure-3) in B.C.P. Record No.1 of 2018 and the O.P. No.1 sent the case record to the Collector, Puri (O.P. No.2) for taking follow up actions thereof, to which, the Collector, Puri (O.P. No.2) accepted as per Annexure-4. When, the Petitioner along with other villagers of Bajrakote and Hamlet Kantabania came to know about the declaration of Hamlet Nuagaon of village Bajrakote as a separate revenue village as per order passed by the O.P. No.1 in B.C.P. Case No.1 of 2018 then, they protested against the same through representations WP(C) No.21807 of 2020 Page 4 of 18 vide Annexure-5 series before the Collector, Puri (O.P. No.2), which is still pending for consideration. Thereafter, the Petitioner for himself and as well as the representative of his Hamlet Kantabania filed this writ petition under Articles 226 and 227 of the Constitution of India, 1950 against the O.Ps praying for quashing the order dated 16.12.2019 (Annexure-3) i.e. to the declaration of Hamlet Nuagaon of village Bajrakote as a separate revenue village with an area of Ac.805.15 decimal leaving an area of Ac.840.25 decimal with village Bajrakote passed in B.C.P. Case No.1 of 2018 by the O.P. No.1 on the ground that, the said impugned order dated 16.12.2019 (Annexure-3) passed by the O.P. No.1 for the declaration of Hamlet Nuagaon as a separate revenue village is illegal and barred under law, as no opportunity was given/provided to the villagers of Bajrakote including the residents of Hamlet Kantabania for filing of objection and the said impugned order under Annexure-3 has been passed by the O.P.No.1 without giving any opportunity of hearing to the affected villagers. The enquiry report vide Annexure-1, which was submitted by the Tahasildar, Krushnaprasad, Puri (O.P. No.3) is void, illegal and the same is in violation of the principles of natural justice. WP(C) No.21807 of 2020 Page 5 of 18 Therefore, the declaration of the Hamlet Nuagaon of village Bajrakote as a separate revenue village as per order dated 16.12.2019 (Annexure-3) passed in B.C.P. Case No.01 of 2018 by the Director, Land Records & Survey, Odisha (O.P. No.1) is to be quashed. 3. The O.Ps being in four sets contested to the aforesaid writ petition of the Petitioner by filing four separate objections taking their stands identically. 4. As per the counter-affidavit submitted by the O.Ps, the residents of the Hamlet Nuagaon of village Bajrakote had made an application before the Collector, Puri (O.P. No.2) to declare their Hamlet Nuagaon as a separate revenue village. On the basis of their said application, a case i.e. Boundary Change Proceeding Case No.01 of 2018 (BCP Case No.1 of 2018) was initiated before the Director, Land Records & Survey, Odisha (O.P. No.1) and in that B.C.P. Case No.1 of 2018 direction was given to the Tahasildar, Krushnaprasad, Puri (O.P. No.3) by the O.P. No.1 through the Collector, Puri (O.P. No.2) to enquire in order to ascertain, whether the required criterias as per law for declaration of Hamlet Nuagaon of village Bajrakote as a separate revenue village are fulfilled or not. WP(C) No.21807 of 2020 Page 6 of 18 Accordingly, the Tahasildar, Krushnaprasad, Puri (O.P. No.3) conducted an enquiry following the law and the guidelines, issued notices and called for the objections as per law and concluded the said enquiry on dated 24.07.2019 and submitted report vide Annexure-1 series to the Collector, Puri (O.P. No.2) for its onward transmission to the Director, Land Records & Survey, Odisha (O.P. No.1). According to the stands of the O.Ps., enquiry was conducted by the Tahasildar, Krushnaprasad, Puri (O.P. No.3) on prior notice to the residents of Bajrakote including the residents of Hamlet Kantabania, Natabania and Nuagaon. They had participated in the enquiry and they have signed in the enquiry report. As per the report of the Tahasildar, Krushnaprasad (O.P. No.3), The Hamlet Nuagaon of Vilage Bajrakote is 2.5 K.M. away from the main revenue village Bajrakote and the population of the Hamlet Nuagaon is 896. The total number of houses in the said Hamlet Nuagaon is 173. As the said Hamlet Nuagaon of village Bajrakote is fulfilling the required norms and guidelines of the Government to be a separate revenue village, for which, proclamation in the WP(C) No.21807 of 2020 Page 7 of 18 prescribed form No.2 was issued inviting objection and the copy of the said proclamation was properly made i.e. hanging the said proclamation in different places, making aware i.e. by beat of drum, hanging on the notice boards of the R.I. Office, Tahasil Office and Grampanchayat Office as per Rule 6(2) of the OS & S Rules, 1962. The coies of the said notices are Annexure-C/1 series. After careful consideration of the recommendation of the Collector, Puri (O.P. No.2) on the basis of the enquiry report of the Tahasildar, Krushnaprasad, Puri (O.P. No.3), as per order dated 16.12.2019 (Annexure-3), the Director, Land Records & Survey, Odisha (O.P. No.1) declared to the Hamlet Nuagaon of village Bajrakote as a separate revenue village allotting an area of Ac.805.15 decimal for the said new revenue village Nuagaon keeping an area of Ac.840.25 decimal with the main village Bajrakote out of total area of Ac.1645.40 decimal and directed to the Collector, Puri (O.P. No.2) to give an effect to the said order dated 16.12.2019 (Annexure-3) in the maps and records of the concerned villages and to submit a certificate to that effect and communicated the same through letter No.4467 dated 17.12.2019 to the Collector, Puri (O.P. No.2). WP(C) No.21807 of 2020 Page 8 of 18 In order to work out the said order of O.P. No.1, the Collector, Puri (O.P. No.2) directed Tahasildar, Krushnaprasad, Puri (O.P. No.3) for taking further follow up actions as per the provisions of OS & S Rules 1962 according to Annexure-4. For which, according to the O.Ps, the order dated 16.12.2019 (Annexure-3) passed in BCP Case No.1 of 2018 by the Director, Land Records & Survey, Odisha (O.P. No.1) i.e. the declaration of Hamlet Nuagaon as a separate revenue village cannot be held as illegal and the said order dated 16.12.2019 (Annexure-3) cannot be quashed. 5. The Petitioner filed rejoinder against the aforesaid counters of the O.Ps and also submitted an affidavit on dated 22.10.2025 stating that, it appears from the map available in the “Bhulekh” website that, the Hamlet Kantabania is situated in seat No.1 of the map comprising of an area measuring 775 acres of land. The residents of Kantabania are enjoying the properties under Khata No.401, Plot No.1168, which stands in the name of Maa Bhagabati Thakurani. Khata No.422/421. Plot No.1155 stands in the name of Kalijai. There is a Primary School in Bajrakote Samil Kantabania. Khata No.469 Plot No.1160, Lunia Pokhari and Khata No.468, Plot No.780 are cremation/burial ground and the WP(C) No.21807 of 2020 Page 9 of 18 same are Govt. Land. The same have been using for communal purposes. The total land area of Nuagaon is 30 Acres as per Bhulekha Map in seat No.1 as (4-Ka). The total land area for new revenue village Nuagaon has been shown as Ac. 805.15 decimals, out of which the residents Hamlet Kantabania are in physical possession over 775 acres and enjoying such land but no opinion has been taken from the residents of Hamlet Kantabania including the Petitioner. For which, the counters filed by the O.Ps are not true and correct. Therefore, the declaration of Hamlet Nuagaon as a separate revenue village as per order dated 16.12.2019 (Annexure-3) passed by the O.P. No.1 is illegal and the same is liable to be quashed. 6. I have already heard from the learned Sr.Counsel for the Petitioner, the learned standing counsel for the O.P. Nos.1 to 3, the learned counsel for the O.P. Nos.5 to 7 and the learned counsel for the O.P. Nos.8 to 10, but, none appeared from the side of the O.P. No.4 (Sarapanch, Bajrakote Gram Panchayat) for participating in the hearing of this writ petition WP(C) No.21807 of 2020 Page 10 of 18 7. The Petitioner has challenged the impugned order dated 16.12.2019 (Annexure-3) passed by the Director, Land Records & Survey, Odisha (O.P. No.1) i.e. to the declaration of Hamlet Nuagaon of village Bajrakote as a separate revenue village on the ground of non-providing of opportunity of hearing to the villagers of Bajrakote and the residents of Kantabania during the enquiry made by the Tahasildar, Krushnaprasad, Puri (O.P. No.3) in B.C.P. Case No.1 of 2018 and in support of such contentions, the learned Sr.Counsel for the Petitioner relied upon the decisions of this Court between Trilochan Biswal and others Vrs. Commissioner, Land Reforms and Settlement, Board of Revenue and others reported in 2006 (II) OLR 817 and in a case between Suryamani Mohanty and others Vrs. Secretary to Government of Orissa, Panchayatiraj Department and others reported in 2000 (11) OLR 177 and submitted for remitting back the matter i.e. for the fresh enquiry of B.C.P. Case No.1 of 2018 in presence of the residents of Kantabania including the Petitioner. 8. It is the case of the Petitioner that, Bajrakote had three hamlets i.e. Natabania, Kantabania and Nuagaon comprising WP(C) No.21807 of 2020 Page 11 of 18 of an area of Ac.1645.40 decimal. The Hamlet Kantabania is adjacent to the Hamlet Nuagaon. The residents of the Hamlet Nuagaon are using the Gochar land, cremation/burial ground and Govt. land of Hamlet Kantabania for communal purposes and due to bifurcation of the Hamlet Nuagaon and declaration of the same as a separate revenue village, the residents of the Hamlet Kantabania including the Petitioner have been affected seriously. Because, by such declaration, the Gochar land, cremation/burial ground and Govt. land of Hamlet Kantabania have been illegally included in the newly declared revenue village i.e. Nuagaon. For which, opportunity of hearing relating to the declaration of Hamlet Nuagaon as a separate revenue village should have been given properly to the residents of Hamlet Kantabania, but, the same has not been done. For which, the impugned order dated 16.12.2019 (Annexure-3) passed by the O.P. No.1 for declaration of Hamlet Nuagaon as a separate revenue village is to be quashed. 9. It appears from the public records vide Annexure-1 series as well as Annexure-C/3 series that, an enquiry was conducted by the Tahasildar, Krushnaprasad, Puri (O.P. No.3) WP(C) No.21807 of 2020 Page 12 of 18 as per the directions made in B.C.P. Case No.1 of 2018 by the O.P. No.1 through Collector, Puri (O.P. No.2) inviting objections from all concern including the residents of Hamlet Kantabania through proper notices, such as general notices through beat of drum as well as affixing the notices in the main village Bajrakote and its three Hamlets and also affixing the said notices in the notice boards of the local Grampanchayat office, Tahasil Office and R.I office for the purpose of wide publicity and all the villagers of Bajrakote including the residents of Hamlets Kantabania, Nuagaon and Natabania and local Sarpanch (O.P. No.4) had unanimously agreed with the proposal for declaration of the Hamlet Nuagaon of Village Bajrakote as a separate revenue village for the interest of general public as a whole on the basis of the area and demarcation of land indicated in the said reports vide Annexure-1 series and C/1 series. For which, it cannot be held that, the residents of Hamlet Kantabania including the Petitioner were not provided with any opportunity for filing objections. Therefore, it cannot be held that, the provisions of 61 (4) of the O.S. & S Rule, 1962 has not been complied with. WP(C) No.21807 of 2020 Page 13 of 18 10. So far as the allegations alleged by the Petitioner regarding the inclusion of Gochar land, cremation/burial ground and Govt. land of Hamelt Kantabania in the newly declared village Nuagaon illegally by the impugned order dated 16.12.2019 (Annexure-3) passed in BCP Case No.1 of 2018 by the O.P. No.1 is concerned:- According to the Petitioner, there were three Hamlets of main village Bajrakote i.e. Natabania, Kantabania and Nuagaon. In the village map, there was no separate land for any of the Hamlets i.e. Natabania, Kantabania and Nuagaon prior to the bifurcation of Hamlet Nuagaon. When, as per the map annexed in the C/3 Series, the areas for the new revenue village Nuagaon have been separated from the main village Bajrakote, then at this juncture, the question of inclusion of any Gochar land, cremation/burial ground and Govt. land of the Hamlet Kantabania in the new village Nuagaon does not arise. Because, the Hamlet Kantabania had no Gochar land, cremation/burial ground and Govt. land of its own. All the Gochar land, cremation/burial ground and Govt. land were under the main village Bajrakote. For which, the allegations WP(C) No.21807 of 2020 Page 14 of 18 alleged by the Petitioner relating to the inclusion of Gochar land, cremation/burial ground and Govt. land of Hamlet Kantabania with the newly created revenue village Nuagaon cannot be acceptable under law, for the reasons assigned above. 11. It has been specifically stated in the impugned order dated 16.12.2019 (Annexure-3) passed in BCP Case No.01 of 2018 by the O.P. No.1 that, Hamlet Nuagaon of village Bajrakote has been declared as a separate revenue village comprising an area of Ac.805.15 decimal retaining an area Ac.840.25 decimal in main village Bajrakote. It appears from the report of the Tahasildar, Krushnaprasad, Puri (O.P. No.3) and Collector, Puri (O.P. No.2) vide Annexure-1 and Annexure- 2 Series that, the Hamlet Nuagaon satisfies all the requirements/criterias of a new revenue village as per Board of Revenue Letter No.3273/LR &S dated 28.06.2014, because, the population of the Hamlet Nuagaon is 896 having 173 numbers of houses therein. The Hamlet Nuagaon is located at 2.5 K.M. Away from the main village Bajrakote. WP(C) No.21807 of 2020 Page 15 of 18 12. As per the Notification No.3273/LR &S dated 28.06.2014 in order to declare a Hamlet, as a separate revenue village, the following guidelines/criterias are to be fulfilled i.e.:- (a) the Hamlet must have been located at more than 1/2 K.M. away from the main Revenue village with a population of 250 or more. (b) the Hamlet must have lying within 1/2 K.M. from the main revenue village but having population of more than 300. (c) the Hamlets must have been separated from the main revenue village by natural barrier, even if, population is less than 250. (d) apart from the above, availability of Gochara land, Burial grounds, Govt. land for communal purpose and for development purpose etc will be taken into consideration. 13. Here in this matter at hand, when it is forthcoming from the reports of the Tahasildar, Krushnaprasad, Puri (O.P. No.3), the Collector, Puri (O.P. No.2) vide Annexure-1 and Annexure-2 as well as from the impugned order dated 16.12.2019 (Annexure-3) passed in B.C.P. Case No.01 of 2018 by the O.P. No.1 that, the Hamlet Nuagaon of village Bajrakote is situated/located at 2 and 1/2 K.M. away from its main village Bajrakote having its population of 897 and 176 numbers of houses and the same has fulfilled all the criterias WP(C) No.21807 of 2020 Page 16 of 18 of the notification of the Government relating to the availability of Gochar land, cremation/burial ground and Govt. land for communal purposes as well as for development purposes in order to declare the Hamlet Nuagaon as a separate revenue village and when as per the discussions and observations made above, there is no violation of the principles of natural justice in the report vide Annexure-1 of the Tahasildar, Krushnaprasad (O.P. No.3), then at this juncture, the question of interfering with the impugned order dated 16.12.2019 (Annexure-3) passed in B.C.P. Case No.1 of 2018 by the O.P. No.1 through this writ petition filed by the Petitioner does not arise. For which, the decisions cited by the Petitioner indicated in Para No.7 of this judgment are not applicable to this writ petition at hand for the reasons assigned above. 14. As per the discussions and observations made above, it
Decision
is held that, there is no merit in the writ petition filed by the Petitioner. The same must fail. 15. In result, the writ petition filed by the Petitioner is dismissed on contest. WP(C) No.21807 of 2020 Page 17 of 18 16. As such, this writ petition filed by the Petitioner is disposed of finally. High Court of Orissa, Cuttack 23.12.2025// Binayak Sahoo Jr. Stenographer (ANANDA CHANDRA BEHERA) JUDGE Signature Not Verified Digitally Signed Signed by: BINAYAK SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 26-Dec-2025 13:51:14 WP(C) No.21807 of 2020 Page 18 of 18