Represented v. State of Odisha & Ors.
Case at a glance
Key paragraphs
- Para 44. Since the petitioner’s prayer is similar to the grievance of the petitioners in the batch of writ applications, the present writ application is disposed of directing the Tahasildar, Sadar, Sambalpur to consider the grievance of the petitioners in light of the judgment passed in…
Judgment
Petitioners Represented by Mr. P.K.Nayak, Advocate -Versus - State of Odisha and Ors …. Opposite Parties Represented by Ms. J.Sahoo, ASC CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 07.08.2026
#1. This matter is taken up through virtual mode. 2. The petitioners have approached this Court with the following prayer: “In the facts and circumstances narrated above and in the interest of justice it is therefore, prayed that this Hon’ble Court would be graciously pleased - (I) to direct the Opp. Party No.2 (Tahasildar) to examine the status of the land in question and issue necessary permission in favour of the petitioner for alienation of the land as per decision of the Hon’ble High Court passed in W.P.(C). No. 27920/2023 (Hemanta Naik & Others vrs. State of Odisha & Others) (ii) Further be pleased to direct the Opp. Party No.3(District Sub-Registrar, Sambalpur) for transfer of the land within a stipulated time; And may to pass any other order(s)/direction (s) as this Hon’ble Court deem fit and proper in the facts and circumstances of the case; And for which act of kindness, the petitioner shall as in duty bound, remain ever pray.” further be pleased 1 | P a g e
#3. It is submitted by the petitioners that their case is squarely covered by the ratio decided in the case of Hemanta Naik vrs. State of Odisha in W.P.(C). No. 27920 of 2023 and batch wherein a coordinate Bench of this Court held as follows: “18. In the result this court disposes of all the writ petitions granting liberty to each Petitioner to approach the competent Revenue Authority, i.e. concerned Tahasildar to give his opinion on the usability of the land and in such event the concerned Tahasildar is directed to give his opinion in respect of each specific land of respective Petitioners regarding its usability for agricultural purpose any more in the present scenario, within a period of 60 days from the date of application. Depending upon the opinion of the Revenue Authority, the Petitioners are at liberty to approach the registering officer again.”
#4. Since the petitioner’s prayer is similar to the grievance of the petitioners in the batch of writ applications, the present writ application is disposed of directing the Tahasildar, Sadar, Sambalpur to consider the grievance of the petitioners in light of the judgment passed in Hemanta Naik (supra) within two months from today. The petitioners shall file a certified copy of this order and the aforementioned judgment before the Tahasildar. Deepak Signature Not Verified Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 07-Aug-2026 17:36:52 (Sashikanta Mishra) Judge 2 | P a g e
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