Orissa High Court
Case Details
ORISSA HIGH COURT : CUTTACK WP(C) No.21184 of 2023 An application under Articles 226 & 227 of the Constitution of India. *** Basudev Ghadei … Petitioner. -VERSUS- Collector, Jajpur & Others … Opposite Parties. Counsel appeared for the parties:
Legal Reasoning
clarified by this Court in the ratio of the following decision: I. In a case between Sri Pravakar Swain & Others Vs. Tahasildar, Aul & Another reported in 2012 (Supp.II) OLR 466 that, if any party is aggrieved about any erroneous entry in the finally published R.o.R. for the cause of action arose prior to the publication of the R.o.R, the appropriate legal remedy for the same has been provided under Sections 15,25 & 42 of the OS & S Act, 1958. Aggrieved party has the option of filing a revision petition before the Board of Revenue under Section 15(b) of the OSS Act, 1958 within one year of publication of R.o.R or filing a Civil Suit under Section 42 of the OS&S Act 1958 within three challenging the finally published R.o.R. (para No.7) 7. Here in this matter at hand, the R.o.R of the case land vide Annexure-B/2 was finally published by the Settlement WP(C) No.21184 of 2023 Page 5 of 7 Authorities on dated 07.11.2015 as per OS&S Act, 1958 and OS&S Rules 1962 under “Sthitiban” status in the name of the petitioner. If the Tahasildar, Jajpur (Opp. Party No.2) was aggrieved against the preparation of the final R.o.R of the case land vide Annexure-B/2 in the name of the petitioner, then, according to the propositions of law enunciated in the ratio of the above decision, the Opp. Party No.2 (Tahasildar, Jajpur) could have filed a Revision Petition under Section 15(b) of the OS&S Act, 1958 before the Board of Revenue or could have filed a Civil Suit challenging the said finally published R.o.R vide Annexure-B/2 of the case land, but the Opp. Party No.2 (Tahasildar, Jajpur) has not resorted to any one of the procedures out of the above two. For which, the revision vide OSS Revision Case No.07 of 2022 under Rule 42-A of the OS&S Rules, 1962 filed by the Opp. Party No.2 (Tahasildar, Jajpur) before the Collector, Jajpur (Opp. Party No.1) was not entertainable/maintainable under law. WP(C) No.21184 of 2023 Page 6 of 7 Therefore, the impugned order dated 08.06.2023 (Annexure-7) passed by the Collector, Jajpur (Opp. Party No.1) in O.S.S. Revision Case No.07 of 2022 in excess of his jurisdiction cannot be sustainable under law. Because, the Collector, Jajpur (Opp. Party No.1) had no jurisdiction to entertain that Revision. 8. Therefore, there is merit in this writ petition filed by the petitioner. The same is to be allowed. 9. In result, the writ petition filed by the petitioner is allowed on contest. The impugned order dated 08.06.2023 (Annexure-7) passed in O.S.S. Revision Case No.07 of 2022 under Rule 42-A of the OS&S Rules, 1962 by the Collector, Jajpur (Opp. Party No.1) is quashed (set aside). 10. As such, this writ petition filed by the petitioner is
Arguments
For the Petitioner For the Opposite Parties : Mr. G. Mohanty, Standing Counsel. : Mr. Sukanta Kumar Nayak-2, Advocate (For the State) P R E S E N T: HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA WP(C) No.21184 of 2023 Page 1 of 7 Date of Hearing : 14.10.2025 :: Date of Judgment : 31.10.2025 ANANDA CHANDRA BEHERA, J.— J UDGMENT 1. 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 08.06.2023 (Annexure-7) passed in O.S.S. Revision Case No.07 of 2022 by the Collector, Jajpur (Opp. Party No.1). 2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, the final R.o.R of the case land vide Khata No.830 plot No.22 Ac.0.250 decimals in Mouza-Banpur under Jajpur P.S. vide Annexure- B/2 was published by the Settlement Authorities under “Sthitiban” status in the name of the petitioner in the year 2015. Seven years after the final publication of the said R.o.R vide Annexure-B/2, the Tahasildar, Jajpur (Opp. Party No.2) filed a revision before the Collector, Jajpur (Opp. Party No.1) vide O.S.S. Revision Case No.07 of 2022 under Rule 42-A of the OS&S Rules, 1962 praying for cancellation of the R.o.R WP(C) No.21184 of 2023 Page 2 of 7 vide Annexure-B/2 from the name of the petitioner to the name of the State/Government, to which, the petitioner being the Opp. Party in that OSS Revision Case No.07 of 2022 objected on the ground that, the Collector has no power, authority or jurisdiction under law to cancel the finally published R.o.R of the case land vide Annexure-B/2 by the Settlement Authorities in the name of the petitioner through the said Revision filed by the Tahasildar, Jajpur (Opp. Party No.2) under Rule 42-A of the OS&S Rules, 1962, because, such revision vide OSS Revision Case No.07 of 2022 before the Collector, Jajpur (Opp. Party No.1) is not entertainable under law. After hearing, the Collector, Jajpur (Opp. Party No.1) passed the impugned order on dated 08.06.2023 (Annexure-7) in that O.S.S. Revision Case No.07 of 2022, for cancellation and correction of the finally published R.o.R of the case land from the name of the petitioner to the name of the Government with a direction to record the case land under “Abada Jogya Anabadi Khata” of the Government assigning the reasons that, WP(C) No.21184 of 2023 Page 3 of 7 “the case land was the Government land under “Anabadi Khata” of the Government, but the same was recorded in the name of the petitioner adopting fraud and overlooking the interest of the Government and sent copy of the said order to the Tahasildar, Jajpur (Opp. Party No.2) for correction of the R.o.R of the case land from the name of the petitioner to the name of the Government.” 3. On being aggrieved with the said impugned order dated 08.06.2023 (Annexure-7) passed by the Collector, Jajpur (Opp. Party No.1) in O.S.S. Revision Case No.07 of 2022 under Rule 42-A of the OS&S Rules, 1962, the petitioner challenged the same by filing this writ petition praying for quashing (set aside) that impugned order dated 08.06.2023 (Annexure-7) passed in O.S.S. Revision Case No.07 of 2022 by the Collector, Jajpur (Opp. Party No.1) on the ground that, seven years after the final publication of the R.o.R of the case land by the Settlement authorities in the name of the petitioner, the Collector, Jajpur (Opp. Party No.1) had no power, authority or jurisdiction under law to entertain the revision vide OSS Revision Case No.07 of 2022 filed by the Tahasildar, Jajpur (Opp. Party No.2) for cancellation of the finally published WP(C) No.21184 of 2023 Page 4 of 7 R.o.R vide Annexure-B/2 of the case land from the name of the petitioner to the name of the Government. 4. I have already heard from the learned counsel for the petitioner and the learned Standing Counsel for the State. 5. As per the rival submissions of the learned counsels of both the sides, the crux of this writ petition is that, “Whether 7 years after the final publication of the R.o.R of the case land vide Annexure B/2, the revision filed by the Tahasildar, Jajpur (Opp. Party No.2) before the Collector, Jajpur (Opp. Party No.1) under Rule 42-A of the OS&S Rules, 1962 for cancellation and correction of the said R.o.R was entertainable under law?” 6. On this aspect, the propositions of law has already been
Decision
disposed of finally. Signature Not Verified Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack, India. Date: 31-Oct-2025 19:24:13 High Court of Orissa, Cuttack The 31.10. 2025// Rati Ranjan Nayak Sr. Stenographer (ANANDA CHANDRA BEHERA) JUDGE WP(C) No.21184 of 2023 Page 7 of 7