The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Sep-2025 10:32:32 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 26006 OF 2022 Uma Shankar Mishra …. Petitioner Mr. Goutam Mukherjee, Senior Advocate being assisted by Mr. Amlan Mishra, Advocate -versus- State of Odisha and another ….
Legal Reasoning
Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO Order No.
Decision
ORDER 18.09.2025 8. 1. This matter is taken up through hybrid mode. 2. The Petitioner has prayed for the following relief in this writ petition: “It is therefore prayed that your Lordship may graciously be pleased to quash the order of the Ld. Director of Estate vide Annexure-2 and direct the Opp. Party authorities to allot equal extent of land in favour of the Petitioner which has been acquired or in the alternative pay solatium for the less 800 sq.ft of land with accrued interest. And in alternative pass necessary directions to the Opp. Party authorities to convert the lease hold land given in exchange to freehold land. And for this act of kindness the Petitioner as in duty bound shall ever pray.” The matter was listed on 6th August, 2025 and on consent of 3. learned counsel for the parties, the matter was referred to the Mediation Centre, High Court of Orissa, Aain Seva Bhawan, Cuttack to make an endeavour for mediation. Before learned Mediator, the Petitioner made the following prayer: Page 1 of 4 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Sep-2025 10:32:32 “7. That in WP(C) No.26006/2022, the petitioner Umasankar Mishra S/o. Kishore Ch. Mishra has prayed before the Hon’ble High Court as follows: a) Allotment of the shortage area measuring 800 sqft. or in the alternative pay solatium for the less 800 sqft. of land with accrued interest. b) Directions to the Opp. Party authorities to convert the lease hold land given in exchange to freehold land.” 4. The dispute was resolved through mediation and learned Mediator facilitated the same. Accordingly, the Deputy Director of Estates-cum-Joint Secretary to Government, G.A. Department, who was authorized to appear before learned Mediator submitted a written submission, relevant portion of which is reproduced hereunder. “9. That after careful examination of the documents/records, it is seen that Government have allotted area measuring Ac.0.086 dec. in exchange in a developed area as per his request in lieu of land acquisition of private plot Ac.0.100 dec. Therefore, there is no ground to consider allotment of any differential land measuring 800 sqft. as prayed by the applicant. 10. That as regards, the other prayer of the petitioner to convert the lease hold land given in exchange to freehold land, it is indicated that Government has allotted the land in exchange of the private plot. As this is an exchange of Government land with private land, the allottee shall get the land in the same right and liabilities existed before the exchange. 11. Therefore, the land allotted in exchange in respect of the land schedule given below is required to be recorded in sthitiban /rayati status in favour of the all the successors of the allottee Kishore Ch. Mishra in view of the provisions relating to exchange contained in the Transfer of Property Act 1882 read with letter No. 23868 dtd. 02.07.2025 and paragraph-23 of the Rayati Jami Record Kariba Pranali O Satwa Satwa Niyamabali. 12. The details of the allotted land schedule is given below: Drawing Land Schedule Mz-Jayadev Vihar Drg. No. BS-136® Drg. Plot No. N/1-223 Area 50’x75’ Page 2 of 4 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Sep-2025 10:32:32 Hal Land Schedule Mz-Jayadev Vihar, Khata No. Plot No. 1308 1427 (GAD) PS- New Capital No.33 Area Kissam 50’x75’ Gharabari-II Sd/- Deputy Director of Estates-cum- Joint Secretary to Govt.” 5. The Petitioner agreed to the proposal given by the Deputy Director of Estates-cum-Joint Secretary to Government in the department of General Administration. Accordingly, the Mediation Report was submitted on 3rd September, 2025, which is reproduced hereunder. “MEDIATON REPORT 03/09/2025 to Pursuant the Hon'ble Court the order of dtd.06.08.2025, passed in WP(C) Case No.26006 of 2022, the mediation proceeding was held on 13.08.2025 today i.e on 03.09.2025. Both the parties along with their respective counsels are present before the High Court of Orissa, Mediation Centre, Aain Seva Bhawan, Cuttack. The Deputy Director of Estate-cum-Joint Secretary to Government filed one submission before the learned mediator where the prayers of the petitioner in the writ petition is reflected of para 7 of the submission which is given below:- a. Allotment of the shortage area measuring 800 square feet or in the alternative pay solatium for the less 800 square of land with occurred interest. b. Direction to the opposite party authorities to convert lease sold land given in axchange to free hold land. Copy of the same is served on the petitioner. As per the the Deputy Director of Estate-cum-Joint submission of Secretary to Govt. it is specifically mentioned in para-11 of the submission which they admitted and accepted the prayer (7 b) of the petitioners. Similarly prayer no. 7(a) of the submission they have not allowed hence, the petitioner has no objection to the said prayer which prayer 7 (a) is not pressed. Hence the submission by the DDE-cum-Joint Secretary made therein is Page 3 of 4 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Sep-2025 10:32:32 part and parcel of this report. Copy of the same is attached herewith. Hence I am submitting this report that the mediation process became "Successful".” 6. When the matter was taken up for disposal on 17th September, 2025 in terms of the mediation report, Mr. Mishra, learned Additional Standing Counsel prayed for an adjournment to take instruction in the matter. 7. On instruction, Mr. Mishra, learned Additional Standing Counsel submits that the writ petition may be disposed of in terms of the mediation report. 8. Hence, the writ petition is disposed of in terms of the mediation report dated 3rd September, 2025 (Flag-10) and submission of the Deputy Director of Estates-cum-Joint Secretary to Government, GA & PG Department, Government of Odisha, as reproduced above. Settlement made between the parties shall be workout within a period of two months hence and Record of Right (RoR) under Stitiban status shall be issued in favour of the Petitioner. Urgent certified copy of this order be granted on proper application. ms (K.R. Mohapatra) Judge (Savitri Ratho) Judge Page 4 of 4