Orissa High Court
Manish Kumar Sahu vs State Of Odisha And …. Opposite … on 29 April, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28141 of 2024
Manish Kumar Sahu .... Petitioner
Mr. R. K. Rout, Advocate
-versus-
State of Odisha and .... Opposite Parties
others
Mr. G. Mohanty, AGA
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S. S. MISHRA
ORDER
Order No. 29.04.2025
03. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Heard Mr. Rout, learned counsel for the petitioner
and Mr. Mohanty, learned Additional Government
Advocate for the State.
The petitioner has filed this writ petition with the
following prayer:-
“The petitioner, therefore, prays that this
Hon’ble Court may graciously be pleased to
admit the writ petition and issue Rule NISI
calling upon the 0pp. Party No.- 1 to show
cause as to why the order Annexure-4 shall
not be quashed and why a direction shall not
be given to the 0pp. Party No.- 2 to record the
Hal ROR under Annexure-5 in favour of the
petitioner and if the 0pp. Party No.- 1 to 4 fail
to show cause or shows insufficient cause then
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the said rule be made absolute by quashing
Annexure-4 with a further direction to the
Opp. Party No.-2 to record the Hal ROR in
Annexure-5 within the time stipulated by this
Hon’ble Court.
And for this act of kindness, the petitioner
shall as in duty bound every pray.”
In the impugned order dated 29.04.2013 passed by
the Assistant Settlement Officer, Settlement Camp,
Patharagadia, Bhubaneswar, opposite party No.4 in
Objection Case No.10058/643 of 2013 under Annexure-4
has held that the suit property being lese property, the
petitioner was asked to produce the relevant documents
proving the genuine transfer of the suit land in his favour.
But the petitioner has not produced the relevant legal
documents and maps to that effect nor proved the
possession over the suit property. Hence, the case is
considered on merit and the prayer of the petitioner to
maintain record in his favour is legally not maintainable
and rejected.
The final RoR and maps in respect of Mouza-
Pathargadia have already been made and as per statute,
the Assistant Settlement Officer is “functus officio” after
final publication of RoRs and that maps and records are
with Tahasildar, Bhubaneswar.
Final publication of record-of-rights is made by the
Asst. Settlement Officer under section 12-B of the Odisha
Survey & Settlement Act, 1958 (hereafter, “1958 Act”).
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Such publication shall be the conclusive evidence that the
record has been duly made under Chapter-III of 1958 Act.
Section 15 (a) of 1958 Act empowers the Board of
Revenue to direct on its own motion the revision of any
record-of-rights, or any portion of a record-of-rights, at
any time after the date of final publication under section
12-B of the 1958 Act. Similarly, in view of section 15(b),
an application being made within one year from the date
of final publication under section 12-B, the Board of
Revenue can direct the revision of record-of-rights or any
portion thereof within the said period of one year or
thereafter and in any of the cases, either under section
15(a) or 15(b) of 1958 Act, the direction can be given only
after affording reasonable opportunity to the parties
concerned to appear and be heard in the matter.
Similarly, in case of settlement of rent as per
Chapter-IV of 1958 Act after incorporation of settled rent
in the record-of-rights and final publication thereof is
made by the Asst. Settlement Officer under section 23 of
1958 Act, the Board of Revenue by invoking its power of
revision under section 25 of the said Act either of its own
motion or on an application made within one year from
the date of final publication can direct the revision of the
rent so settled after providing reasonable opportunity to
the parties concerned to appear and heard in the matter.
It is pertinent to note that in the case of Narottam
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Rath -Vrs.- State of Odisha and another in W.P.(C)
No.1608 of 2014 and batch of cases, the Division Bench of
this Court has made the following directions:-
“(i) The impugned orders of the ASOs declining to accept
the request of the Petitioners for recording of their names
in the ROR in respect of the lands in question on the
ground that the land belongs to the Government, are
hereby set aside;
(ii) The corresponding orders by the Appellate Authorities
affirming such orders of the ASOs are also hereby set
aside;
(iii) A direction is issued to the ASOs to now proceed to
record the names of the respective Petitioners concerning
the land in question in their names in the ROR, in
accordance with law within a period of eight weeks.
(iv) Where the land in question stands recorded in the
final published RoR in the name of the Government that
entry will stand cancelled by virtue of this order and the
ASO will proceed to record it in favour of the respective
Petitioners.”
The State of Odisha challenged such orders before
the Hon’ble Supreme Court and in the case of State of
Odisha & Ors. -Vrs.- Deepak Kumar Samantaray in
Special Leave to Appeal (C) No.26551 of 2023 with a
batch of cases vide order dated 17.12.2024, the Hon’ble
Supreme Court has held that in case the power exercised
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by the ASO under the provisions of section 12 of the 1958
Act prior to the finalization of the record of rights or at a
subsequent stage, the High Court has to consider whether
the aggrieved party has exhausted the remedies as
provided under section 12-A and/or section 15(b) of the
1958 Act and therefore, all such matters were remitted to
this Court for consideration afresh which is to be decided
separately.
In view of order passed by the Hon’ble Supreme
Court, since against the impugned order, the petitioner
has got alternative remedy, after arguing for some time,
Mr. Rout, learned counsel for the petitioner seeks
permission to withdraw the writ petition to avail such
remedy in accordance with law.
Accordingly, the writ petition stands disposed of as
withdrawn.
( S.K. Sahoo)
Judge
( S. S. Mishra)
Swarna/Ashok Judge
Signature Not Verified
Digitally Signed
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 30-Apr-2025 16:17:30
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