The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.22933 of 2019 Jugal Kishore Paikara & Others ..... Petitioners Represented By Adv. – Mr. H.N.Mohapatra State Of Odisha & Others ..... Opposite Parties -versus- Represented By Adv. – Ms. J. Sahoo, ASC. (Opp. Party No.1 to 4) Mr. Amit Pr. Bose, (for the Opp. Party No.5)
Decision
CORAM: THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA ORDER 15.07.2025 Order No. 13. 1. This matter is taken up through hybrid mode. 2. This application under Article-226 & 227 of the Constitution of India was filed by the Petitioners praying for quashing the order passed on dated 28.10.2019 in B.C.P Case No.1 of 2016 by the Director, Land Records, Board of Revenue, Odisha, Cuttack along with the reports of the Collector & Tahasildar in that B.C.P Case No.1 of 2016. Page 1 of 6. Signature Not Verified Digitally Signed Signed by: SARBANI DASH Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Jul-2025 11:05:03 3. Heard from the learned counsel for the Petitioners, learned Additional Standing Counsel for the Opposite Party Nos.1 to 4 and the learned counsel for the Opposite Party No.5. 4. It appears from the Annexxures-10 & 18 that, “though the B.C.P Case No.1 of 2016 did not confirm to the Point Nos.1 & 3 for making the hamlet as revenue village according to the Annexure-16, but, it confirms Point No.2, as the distance between the two village is less than half kilometre and the population of the hamlet i.e. Lembodi is 443, for which, the said B.C.P Case No.1 of 2016 was allowed on dated 28.10.2019 by the Director, Land Records, Board of Revenue, Odisha, Cuttack and direction was given to the Collector & District Magistrate, Nayagarh to give effect to the said order dated 28.10.2019 in the maps and records of the concerned villages and submit a certificate to that effect.” 5. In that order dated 28.10.2019 vide Annexure-18, it has been specifically indicated that, the Collector & District Magistrate, Nayagarh had submitted that, the Page 2 of 6. Signature Not Verified Digitally Signed Signed by: SARBANI DASH Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Jul-2025 11:05:03 District Administration will ensure the minimum area of Gochar land in village Gaudiapada out of the other Government land available in the village suitable for Gochar, soon after creation of new village. 6. After hearing from the learned counsels of both the sides, it is held that, the creation of hamlet of Gaudiapada i.e. Lembodi as a new revenue village as per the order dated 28.10.2019 passed by the Director, Land Records, Board of Revenue, Odisha, Cuttack is not illegal, as the said order is fulfilling the criteria No.2 of Annexure-16, because, the population of Lembodi is 443. 7. During the course of hearing of this writ petition, the learned counsel for the Petitioners also submitted that, till yet, the maps and records concerning the new village Lembodi have not been prepared, for which, the District Administration should take into account the recent Notification No.21912 dated 28.07.2021 of the Government of Odisha for the preparations of the same, to which, the learned counsel for the Opposite Party No.5 objected contending that, the above order for Page 3 of 6. Signature Not Verified Digitally Signed Signed by: SARBANI DASH Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Jul-2025 11:05:03 creation of new village was passed in B.C.P Case No.1 of 2016 prior to the notification of the Year 2021 and all the notifications of the Government are always prospective in nature, for which, the Collector & Tahasildar should not take the notification of the Year 2021 into account and the maps and records are to be prepared on the basis of Notification of the Year 2014, which was prevailing at the time of passing of the impugned order dated 28.10.2019 in B.C.P. Case No.1 2016. 8. After hearing from the learned counsels of both the sides and taking into account the matters available in the record, I find no justification to interfere with the final order dated 28.10.2019 passed by the Director, Land Records, Surveys Odisha in B.C.P Case No.1 of 2016 for creation of new revenue village i.e. Lembodi. As per the submissions of the learned counsel for the Petitioners, when, till yet, the maps and records of the new revenue village i.e. Lembodi have not been finalised, then liberty is given to the Petitioners of this writ petition to ventilate their grievances on the basis of Page 4 of 6. Signature Not Verified Digitally Signed Signed by: SARBANI DASH Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Jul-2025 11:05:03 the notifications relied upon them before the Collector, Nayagarh and the Collector shall consider and dispose of the same after giving opportunity of being heard to the parties of this writ petition and others, if any, within a period of three months from the date of communication of this order to the Collector, Nayagarh. 9. With the aforesaid observations this writ petition is disposed of finally confirming the creation of Lembodi as new revenue village passed by the Director, Land Records, Surveys Odisha vide his order dated 06.11.2019, giving liberty to the Petitioners and the Opposite Parties to ventilate their grievances before the Collector, Nayagarh in order to ensure the minimum area within reservation limit for Gochar and communal land of both the villages as per law, by taking into account the notifications of the Government of Odisha. 10. When, according to the learned counsels of the parties, the maps and records of the newly created revenue village Lembodi have not been finalised as yet, the Collector, Nayagarh shall finalise the same only after disposing of the grievances of the parties. Page 5 of 6. Signature Not Verified Digitally Signed Signed by: SARBANI DASH Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Jul-2025 11:05:03 11. The Registry is directed to communicate this order immediately to the Collector, Nayagarh. 12. Accordingly, this writ petition is disposed of finally. 13. Urgent certified copy of this order be granted to the parties on proper applications. Sarbani (ANANDA CHANDRA BEHERA) Judge Page 6 of 6. Signature Not Verified Digitally Signed Signed by: SARBANI DASH Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Jul-2025 11:05:03