Orissa High Court
Case Details
ORISSA HIGH COURT : CUTTACK WP(C) No.25715 of 2025 An application under Articles 226 & 227 of the Constitution of India. *** Smt. Renubala Biswal … Petitioner. -VERSUS- State of Odisha & Others … Opposite Parties. Counsel appeared for the parties: For the Petitioner : Mr. D. Mohapatra, Senior Advocate Assisted by Mr. P.K. Singhdeo, Advocate.
Legal Reasoning
5. The above order dated 24.01.2023 of this Court in WP(C) No.2231 of 2014 is clearly and unambiguously going to show that, directions were given to the Assistant Settlement Officer, Rental Colony, Bhubaneswar office at Cuttack (Opp. Party No.4) to record the case land in favour of the petitioner giving liberty to the Government for exercising its power under Section 3-B of the OGLS Act, 1962 in accordance with law. Whereas, the Assistant Settlement Officer, Rental Colony, Bhubaneswar office at Cuttack (Opp. Party No.4) instead of implementing the above directions of this Court given in the order dated 24.01.2023 passed in WP(C) No.2231 of 2014 for recording of the case land in favour of the petitioner, the Assistant Settlement Officer, Rental Colony, Bhubaneswar office at Cuttack (Opp. Party No.4) forwarded the matter to the Tahasildar for the purposes as stated above, those are otherwise than the directions of this Court in WP(C) No.2231 of 2014. WP(C) No.25715 of 2025 Page 4 of 8 For which, the impugned order dated 15.03.2024 (Annexure-7) passed by the Assistant Settlement Officer, Rental Colony, Bhubaneswar office at Cuttack (Opp. Party No.4) is not in conformity with the directions given in WP(C) No.2231 of 2014 on dated 24.01.2023 by this Court. 6. When the order dated 15.03.2024 passed in Misc. Case No.270 of 2023 by the Assistant Settlement Officer, Rental Colony, Bhubaneswar office at Cuttack (Opp. Party No.4) is not inconfirmity with the directions given by this Court in the order dated 24.01.2023 passed in WP(C) No.2231 of 2014, then, at this juncture, the said impugned order dated 15.03.2024 (Annexure-7) passed in Misc. Case No.270 of 2023 by the Assistant Settlement Officer, Rental Colony, Bhubaneswar office at Cuttack (Opp. Party No.4) cannot be sustainable under law. Because, as per the above directions given by this Court on dated 24.01.2023 in WP(C) No.2231 of 2014, there was no other option with the Assistant Settlement Officer, Rental Colony, Bhubaneswar office at Cuttack (Opp. Party No.4) but to record the case land in the name of the petitioner, as, in WP(C) No.25715 of 2025 Page 5 of 8 that order, this Court had given liberty to the Government for initiation of a proceeding under Section 3-B of the OGLS Act, 1962, but liberty was not given to the ASO (Opp. Party No.4) to forward the matter to the Tahasildar. For which, the impugned order dated 15.03.2024 (Annexure-7) passed in Misc. Case No.270 of 2023 by the Opp. Party No.4 is liable to be quashed. 7. During the course of hearing, the learned Senior Counsel for the petitioner submitted that, the final publication of the R.o.R in respect of Mouza of the case land i.e. in respect of Mouza-Andhrua has already been completed. For which, the finally published R.o.R and Map in respect of the case land are presently available with the Tahasildar, Bhubaneswar and after final publication of the R.o.Rs, the camp of ASO has been abolished. 8. When it is the submissions of the learned counsels of both the sides that, the final publication of the R.o.R in respect of the Mouza of the case land has already been completed, then, as per Rule 55(4) of the Orissa Survey & Settlement Rules, 1962 after publication of the final R.o.R and WP(C) No.25715 of 2025 Page 6 of 8 Map by the Settlement Authorities, the copy of the Map and record of rights thereof shall remain in the custody of the Tahasildar. 9. For which, by taking the aforesaid submissions of the learned counsels of both the sides into account, it is held that, the ends of justice shall bestly be served, if liberty will be given to the petitioner to approach the Tahasildar, Bhubaneswar for making an application praying for recording the case land in her name on the basis of the directions given by this High Court in the Order dated 24.01.2023 passed in WP(C) No.2231 of 2014. 10. In case of filing of such application annexing the certified copy of this Judgment, the Tahasildar, Bhubaneswar shall dispose of the same as per law after giving opportunity of being heard to the petitioner and others, if any, complying the principles of natural justice as expeditiously as possible. 11. Therefore, there is merit in the writ petition filed by the petitioner. The same is to be allowed. 12. In result, the writ petition filed by the petitioner is allowed. WP(C) No.25715 of 2025 Page 7 of 8 13. The impugned order dated 15.03.2024 passed in Misc. Case No.270 of 2023 by the Assistant Settlement Officer, Rental Colony, Bhubaneswar office at Cuttack (Opp. Party No.4) is quashed giving liberty to the petitioner to approach the Tahasildar making an application annexing the certified copy of this Judgment praying for recording the case land in her name on the basis of the directions given by this High Court in the Order dated 24.01.2023 passed in WP(C) No.2231 of 2014. 14. As such, the writ petition filed by the petitioner is
Arguments
For the Opposite Parties : Mr. S. Nayak, Addl. Standing Counsel. P R E S E N T: HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA Date of Hearing : 22.09.2025 :: Date of Judgment : 22.09.2025 WP(C) No.25715 of 2025 Page 1 of 8 ANANDA CHANDRA BEHERA, J.— J UDGMENT 1. This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order dated 15.03.2024 (Annexure-7) passed in Misc. Case No.270 of 2023 by the Assistant Settlement Officer, Rental Colony, Bhubaneswar (Opp. Party No.4). 2. Heard from the learned Senior Counsel for the petitioner and the learned Addl. Standing Counsel for the State. 3. The factual backgrounds of this writ petition which prompted the petitioner for filing of the same is that, as per the directions given by this Court in the final order dated 24.01.2023 passed in WPC No.2231 of 2014, the petitioner approached the Assistant Settlement Officer, Rental Colony, Bhubaneswar office at Cuttack (Opp. Party No.4) for recording the case land in her name. Because, in the said final order dated 24.01.2023 passed in WP(C) No.2231 of 2014, this Court had directed to the Assistant Settlement Officer, Rental Colony, Bhubaneswar WP(C) No.25715 of 2025 Page 2 of 8 office at Cuttack (Opp. Party No.4) to record the case land in the name of the petitioner in accordance with law within a period of 8 weeks from the date of such order, because, the entry made in the Final R.o.R of the case land in the name of Government was cancelled by the said order and direction was given to the Assistant Settlement Officer, Rental Colony, Bhubaneswar (Opp. Party No.4) to proceed to record the case land in favour of the petitioner stating that, “the said directions will be carried out within the period of 4 months from the date of said order clarifying that, the said order will not prevent the Government from exercising powers under Section 3-B of the OGLS Act, 1962 in accordance with law.” 4. On the basis of the said final order dated 24.01.2023 passed in WP(C) No.2231 of 2014, the Assistant Settlement Officer, Rental Colony, Bhubaneswar office at Cuttack (Opp. Party No.4) disposed of the Misc. Case No.270 of 2023 on dated 15.03.2024 forwarding the matter to the Tahasildar, Bhubaneswar for examination of the aspects of the lease land stating that, the Tahasildar shall keep in mind of the terms of WP(C) No.25715 of 2025 Page 3 of 8 directions of the High Court while adjudicating the fact in issue.
Decision
disposed of finally. (ANANDA CHANDRA BEHERA) JUDGE High Court of Orissa, Cuttack The 22 .09. 2025// Rati Ranjan Nayak Sr. Stenographer Signature Not Verified Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack, India. Date: 23-Sep-2025 18:35:51 WP(C) No.25715 of 2025 Page 8 of 8