Orissa High Court
Kshetramani Biswal And Ors vs State Of Odisha And Ors. ..... Opposite ... on 19 August, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
I.A. No.13949 of 2025
(arising out of disposed of WP(C) No.20727 of 2025)
Kshetramani Biswal and Ors. ..... Petitioners
Represented By Adv. -
Bhaskar Chandra Panda
-versus-
State Of Odisha and Ors. ..... Opposite Parties
Represented By Adv. -
Gyanalok Mohanty, SC
CORAM:
MR. JUSTICE ANANDA CHANDRA BEHERA
ORDER
19.08.2025
Order No.
02. 1. This matter is taken up through hybrid mode.
2. This Interlocutory Application has arisen out of
the disposed of writ petition vide W.P.(C) No.20727 of
2025, which was disposed of on dated 31.07.2025.
3. The O.Ps of the disposed of W.P.(C) No.20727 of
2025 have filed this I.A. praying for
modification/correction of the judgment dated
31.07.2025 passed in the W.P.(C) No.20727 of 2025 for
a direction by O.P. No.3 (Land Reforms Commissioner,
Board of Revenue, Odisha, Cuttack in W.P.(C)
No.20727 of 2025) to direct the Tahasildar, Erasama for
proceeding with the said matter, which was filed before
him for correction of the R.o.R. of the case land as per
Rule 34 of the Orissa Survey & Settlement Rules, 1962
instead of deciding the said matter by it i.e. O.P. No.3.
4. Heard this I.A. from the learned Standing
Counsel for all the O.Ps. of the disposed of W.P.(C)
No.20727 of 2025 and learned counsel for the
petitioners of the said disposed of W.P.(C) No.20727 of
2025.
5. During the course of hearing of this I.A., the
learned counsels of both the sides on behalf of their
respective parties fairly submitted that, in order to work
out the final judgment dated 31.07.2025 passed in
W.P.(C) No.20727 of 2025 properly, practically,
effectively and quickly, the prayers of the O.Ps made in
this I.A. for modification of the final judgment dated
31.07.2025 passed in W.P.(C) No.20727 of 2025 as
stated above are necessary, which shall not cause
prejudice to any of the parties, rather such modification
shall be in furtherance of rendering substantial justice to
the parties.
6. It is the settled propositions of law that, Law
Courts will lose their efficacy, if they cannot possibly
respond to the need of the society. Technicalities, there
might be many, but the justice-oriented approach, ought
not to be thwarted on the basis of such technicality,
since technicality cannot and ought not to outweigh the
course of justice. Therefore, the Courts should always
be in favour of rendering substantial justice to the
parties, rather than technicalities.
7. When, in this matter at hand, both the parties are
sincerely interested for a little modification of the
judgment dated 31.07.2025 passed in W.P.(C)
No.20727 of 2025 within the parameters of law in order
to work out such judgment properly, practically,
effectively and quickly for no other reason, but only for
the welfare of both the parties and also for rendering
timely justice to them and when the Law Courts are
meant for the same, then at this juncture, there is no
impediment under law to allow this I.A. filed by the
O.Ps in the disposed of W.P.(C) No.20727 of 2025 on
consent of the parties through their respective learned
counsels.
8. Therefore, this I.A. filed by the O.Ps in the
disposed of W.P.(C) No.20727 of 2025 is allowed.
9. The judgment dated 31.07.2025 passed in
W.P.(C) No.20727 of 2025 by this Court is reviewed
and corrected making corrections in the 13th, 16th & 17th
lines of Para No.6 of Page No.4 and 3rd, 4th, 5th, 13th &
14th lines of Para No.7 in Page Nos.4 & 5 of the said
judgment making the meaning after such correction that,
"the Revision Petition No.216 of 2022 should not have
been dismissed in toto, but the said matter should have
been transmitted to the Tahasildar, Erasama for
adjudication of that matter as per law on the basis of
the provisions envisaged in Rule 34 of the Orissa Survey
and Settlement Rules, 1962 directing the parties to
appear on dated 01.09.2025 before O.P. No.3 in order
to receive the directions of the O.P. No.3 as to further
proceedings of the said Settlement Revision Petition
No.216 of 2022 as per the directions made in the
judgment."
10. The above order for review/correction of the
judgment dated 31.07.2025 of W.P.(C) No.20727 of
2025 passed in this I.A. as indicated above is carried out
by the Court in presence of the learned counsels of both
the sides.
11. As such, this I.A. is disposed of finally by
carrying out the reviewed/corrected matters as ordered
in this I.A. in the judgment dated 31.07.2025 passed in
W.P.(C) No.20727 of 2025.
12. Therefore, henceforth the reviewed/corrected
judgment of W.P.(C) No.20727 of 2025 as per the final
order of this I.A. shall be effective and enforceable and
the same shall be binding upon the parties for all
purposes, but not the earlier judgment dated 31.07.2025
passed in W.P.(C) No.20727 of 2025.
13. The parties shall utilize the certified copy of the
modified/corrected judgment of W.P.(C) No.20727 of
2025 by obtaining the same through proper application.
14. Registry is directed to communicate the
reviewed/corrected copy of the judgment of W.P.(C)
No.20727 of 2025 immediately to the O.P. No.3 of the
W.P.(C) No.20727 of 2025 to proceed with the same as
per the directions given in the said judgment after its
correction.
(ANANDA CHANDRA BEHERA)
Judge
Utkalika
Reason: Authentication Page 5 of 5.
