Orissa High Court
Debasis Mohanty vs State Of Odisha And Others .... Opposite ... on 11 August, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28753 of 2024
(An application under Articles 226 and 227 of the Constitution of India, 1950)
Debasis Mohanty .... Petitioner
-versus-
State of Odisha and others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr. Durga Charan Mohanty,
Sr.Advocate.
For Opposite Parties - Mr. S. Nayak,
Addl. Standing Counsel
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing and Judgment :11.08.2025
A.C. Behera, J. This writ petition under Articles 226 & 227 of the
Constitution of India, 1950 has been filed by the petitioner praying for
quashing the order dated 06.09.2024 passed in OSS Case No.664 of 2022
by the Addl. Commissioner, Addl. Revision Court-IV, Odisha,
Bhubaneswar (Opposite Party No.2) under Section 15(b) of the O.S.S.
Act, 1958 read with O.S.S. Rules, 1962.
2. Heard from the learned senior advocate for the petitioner and
learned ASC for the State (O.P. Nos.1 to 4).
3. During the course of hearing, learned senior advocate for the
petitioner drew attention of this Court to the impugned order dated
Page 1 of 5
06.09.2024 passed in OSS Case No.664 of 2022 contending that, the said
order has been passed in dismissing the OSS Case No.664 of 2022 filed
by the petitioner "on the ground of non-availability of the certified copy
of the orders passed in Waste Land Lease Case No.137 of 1968-69 in
respect of the case land in spite of giving opportunity to the petitioner for
the production of the same. For which, flow of title of the suit land is not
established in favour of the petitioner due to non-availability of the
certified copy of the orders passed in W.L. Case No.137 of 1968-69 in
respect of the case land."
4. It appears from Annexure-8 issued by the Tahasildar, Bhubaneswar
(O.P. No.4) that, though W.L. Case No.137 of 1968-69 in respect of the
case land is not readily available in his office, but on perusal of Khata
No.140/72 of Mouza Bhola, it reveals that, an area Ac.1.000 pertaining to
correction Plot No.552/774 in Mouza Bhola is granted on lease to one
Radhu Naik, S/o Ishwar Naik of Bhola, Caste Gopal vide order passed in
W.L. Case No.137 of 1968-69 by the Tahasildar, Bhubaneswar (O.P.
No.4) and the said lease has not been cancelled till date.
5. Learned senior advocate for the petitioner submitted that, the said
letter dated 04.05.2005 (Annexure-8) of O.P. No.4 was also submitted
before O.P. No.2, but, in spite of that, it has been reflected in the
impugned order dated 06.09.2024 that, the petitioner failed to submit
records of W.L. Case No.137 of 1968-69 in respect of the case land.
Page 2 of 5
Learned senior advocate for the petitioner further submitted that,
Radhu Naik (in whose favour lease was issued as per W.L. Case No.137
of 1968-69) is the vendor of the petitioner in respect of the case land.
So, the learned senior advocate for the petitioner submitted that,
the impugned order dated 06.09.2024 passed in OSS Case No.664 of
2022 by O.P. No.2 cannot be sustainable under law. Because, in spite of
the letter of the Tahasildar, Bhubaneswar vide Annexure-8 concerning the
validity of the lease of the case land, the O.P. No.2 has passed the
impugned order stating that, the records of W.L. Case No.137 of 1968-69
is not available to ascertain the validity of the lease of the case land.
6. Learned ASC for the State objected to the aforesaid contentions of
the learned senior advocate for the petitioner contending that, when the
impugned order has been passed only on the ground of non-availability of
records of W.L. Case No.137 of 1968-69, for which, the matter is
required to be remanded to O.P. No.2 for its fresh adjudication on the
basis of the letter dated 04.05.2005 (Annexure-8) issued by the
Tahasildar, Bhubaneswar (O.P. No.4).
7. After hearing from the learned counsels of both the sides and on
perusal of Annexure-8 issued by the Tahasildar, Bhubaneswar (O.P.
No.4) on dated 04.05.2005, it is felt proper to set aside the order dated
10.12.2013
(Annexure-1) passed in Objection Case No.5811/575 of 2012
by the Assistant Settlement Officer, Rental Colony, Bhubaneswar (O.P.
No.3) as well as the order dated 06.09.2024 passed in OSS Case No.664
of 2022 by the Addl. Commissioner, Addl. Revision Court-IV, Odisha,
Bhubaneswar (O.P. No.2) and to remit back the matter vide OSS Case
No.664 of 2022 to the Addl. Commissioner, Addl. Revision Court-IV,
Odisha, Bhubaneswar (O.P. No.2) for deciding the same afresh.
8. Therefore, the writ petition filed by the petitioner is allowed on
contest.
9. The matter vide OSS Case No.664 of 2022 is remitted back to the
Addl. Commissioner, Addl. Revision Court-IV, Odisha, Bhubaneswar
(O.P. No.2) for fresh adjudication on the basis of the letter dated
04.05.2005 (Annexure-8) issued by the O.P. No.4 and also by taking
steps to call for the records of W.L. Case No.137 of 1968-69 from the
office of the Tahasildar, Bhubaneswar (O.P. No.4) and to dispose of the
said OSS Case No.664 of 2022 strictly following the law complying all
the principles of natural justice after giving opportunity of being heard to
the parties thereof within a period of one month from the date of
appearance of the parties before the Addl. Commissioner, Addl. Revision
Court-IV, Odisha, Bhubaneswar (O.P. No.2) in OSS Case No.664 of
2022.
10. The parties of this writ petition are directed to appear before the
Addl. Commissioner, Addl. Revision Court-IV, Odisha, Bhubaneswar
(O.P. No.2) in OSS Case No.664 of 2022 on dated 29.08.2025 for the
purpose of receiving the directions of the Addl. Commissioner, Addl.
Revision Court-IV, Odisha, Bhubaneswar (O.P. No.2) as to further
proceedings of in OSS Case No.664 of 2022.
11. As such, the writ petition is disposed of finally.
12. Free copy of this judgment be supplied to the learned ASC for the
State.
(A.C. Behera),
Judge.
Orissa High Court, Cuttack.
11.08.2025//Utkalika Nayak//
Junior Stenographer
Location: High Court of Orissa,Cuttack, India.
