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Orissa High Court
Rohit Raulo vs Sub-Collector on 23 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.5565 of 2017
(In the matter of an application under Articles 226
and 227 of the Constitution of India)
Rohit Raulo .... Petitioners
-versus-
Sub-Collector, Berhampur .... Opposite Parties
and others
Appeared in this case:-
For Petitioner : Mr. K.A. Guru, Advocate
For Opposite Parties : Mr. G. Mohanty,
Learned Standing Counsel
CORAM:
JUSTICE A.C. BEHERA
JUDGMENT
Date of hearing : 24.11.2025 / date of judgment : 23.12.2025
A.C. Behera, J. This writ petition under Articles 226 and 227 of the
Constitution of India, 1950 has been filed by the petitioner
praying for quashing the impugned order dated
03.01.2017(Annexure-5) passed in GKLC Appeal No.04 of
2014 by the Additional Sub-collector, Berhampur.
2. The factual backgrounds of this writ petition, which
prompted the petitioner for filing the same is that, the
petitioner had challenged the order passed in GKP Lease
Case No.3385 of 2012 by the Tahasildar,
Berhampur(Opposite Party No.2) preferring an appeal vide
GKLC Appeal No.04 of 2014 before the Sub-collector,
Berhampur. The Sub-collector, Berhampur(Opposite Party
No.1) transferred the said appeal vide GKLC Appeal No.04
of 2014 to the Additional Sub-collector, Berhampur. The
Additional Sub-collector, Berhampur, as per the impugned
order dated 03.01.2017 instead of deciding the said appeal
vide GKLC Appeal No.04 of 2014 on merit advised the
appellant(petitioner in this writ petition) to prefer an appeal
before the competent authority and disposed of the said
GKLC Appeal No.04 of 2014 finally on that day, i.e., on
03.01.2017 assigning the reasons that, "suit land is
Gramakantha Paramboke land stands recorded in the name
of Late Hari charan Pattnaik son of Late Karunakar Pattnaik
in Hal Khata No.1403 in village Berhampur. As per the
amended provisions of the OGLS Rules, 2010, the Sub-
collector is the competent authority to settle the same in
favour of the person in possession to the extent of Ac.0.040
decimals in Urban Area. The appellate authority is the next
higher authority of Sub-collector as per the provisions of
OGLS Act, 1962. In the instant case, when the Sub-collector
had returned the case record for taking necessary action and
the applicant has claimed for settlement of Ac.0.018 decimals
land and the Tahasildar has recommended for settlement of
Ac.0.007 decimals and when, the Additional Tahasildar has
rejected the claim instead of complying the discrepancy, then,
this Court has no authority to interfere with the matter.
Hence, the appellant is advised to prefer an appeal before
the competent authority and as such, the appeal is disposed
of."
3. On being dissatisfied with the above impugned order
dated 03.01.2017(Annexure-5) passed in GKLC Appeal
No.04 of 2014 by the Additional Sub-collector, Berhampur,
the petitioner challenged the same by filing this writ petition
praying for quashing the impugned order dated 03.01.2017
passed in GKLC Appeal No.04 of 2014 by the Additional
Sub-collector, Berhampur.
4. I have already heard from the learned counsel for the
petitioner and the learned Standing Counsel for the State.
5. Here, in this matter at hand, the order passed by the
Additional Tahasildar, Berhampur in GKP Lease Case
No.3385 of 2012 vide Annexure-1 was challenged by the
petitioner preferring GKLC Appeal No.04 of 2014, but, the
Additional Sub-collector, Berhampur, as per the impugned
order vide Annexure-5 without deciding the said appeal on
merit advised the appellant(petitioner in this writ petition)
to prefer an appeal before the competent authority stating
that, the said appeal cannot be decided by him.
6. As per the Notification No.5374/R&DM dated
11.02.2010 of the Government of Orissa, Revenue and
Disaster Management Department, "the Tahasildar shall as
per delegation of powers either approve the settlement or
submit the case record to the Sub-collector for confirmation of
such settlement. While submitting the case record, all
proposals of that particular village shall have to be processed
together, as far as possible, taking the village as one unit.
While sending proposals to the Sub-collector, the Tahasildar
shall also append a certificate in the case record to the effect
that, he has verified both Sabik and Hal Record of Rights
and found that, the subject land qualifies for action under the
Act and these Rules. Cases involving area of land used for
homestead purposes will be approved by the Sub-collector, if
the extent of land is up-to four decimals(one-twenty-fifth of
an acre) in urban area or exceeds four decimals, but, does
not exceed ten decimals (one-tenth of an acre) in rural areas."
7. Section 7 of The Orissa Government Land Settlement
Act, 1962 provides that, an appeal shall lie against any
order made under Section 3 or Section 3-B for settlement of
Government land as well as resumption of land before an
officer and when, order is made below the rank of a Sub-
divisional Officer, to the Sub-divisional Officer and when,
an order is made by the Sub-divisional Officer, to the
collector and when an order is made by a Collector, to the
Revenue Divisional Commissioner.
8. Nowhere, in the Notification No.5374 dated
11.02.2010 of the Government of Orissa provides that, an
appeal shall be preferred before the higher rank of Sub-
divisional Officer challenging the order passed by the
Tahasildar or Additional Tahasildar under OGLS Act and
Rules, thereof in respect of Gramakantha Paramboke land.
The said notification only provides that, the Tahasildar
either to approve the settlement or to submit the case
record to the Sub-collector for confirmation of such
settlement. But, that notification has not provided for
preferring an appeal against the order of Tahasildar before
the next higher authority of the Sub-collector, but, the
Additional Sub-collector, Berhampur has erroneously
indicated in the impugned order that, as per the amended
provision of the OGLS Act, 2010, only the Sub-collector is
the competent authority to settle the land relating to
Gramakantha Paramboke land and the next higher
authority to challenge the order relating to settlement of
Gramakantha Paramboke land is the higher authority of
Sub-collector. Rather, the Notification No.5374 dated
11.02.2010 of the Government of Orissa provides for the
settlement of the case land either by the Tahasildar itself or
to submit the case record to the Sub-collector for
confirmation of such settlement.
9. Here, in this matter at hand, when the impugned
order under Annexure-1 in GKP Lease Case No.3385 of
2012 was passed by the Additional Tahasildar, Berhampur
and the said order was challenged before the Sub-collector,
Berhampur by preferring an appeal vide GKLC Appeal
No.04 of 2014 and when, Section 7 of the Orissa
Government Land Settlement Act, 1962 provides that, any
order passed by an officer below the rank of Sub-collector
is appealable before the Sub-collector(Sub-divisional
Officer), then at this juncture, the Additional Sub-collector,
Berhampur should not have held that, he lacks jurisdiction
to hear the appeal vide GKLC Appeal No.04 of 2014
preferred against the order passed by the Additional
Tahasildar, Berhampur in GKP Lease Case No.3385 of 2012
(Annexure-1).
10. For which, the impugned order vide Annexure-5
passed in GKLC Appeal No.04 of 2014 by the Additional
Sub-collector, Berhampur for non-deciding the same on
merit on the ground that, he has no authority to decide the
same cannot be sustainable under law.
11. Therefore, there is justification under law for making
interference with the same through this writ petition filed
by the petitioner.
12. As such, there is merit in this writ petition filed by the
petitioner. The same is to be allowed.
13. In result, the writ petition filed by the petitioner is
allowed on contest.
The impugned order dated 03.01.2017 vide Annexure-
5 passed in GKLC Appeal No.04 of 2014 by the Additional
Sub-collector, Berhampur is quashed.
14. The matter vide GKLC Appeal No.04 of 2014 is
remitted back to the Additional Sub-collector, Berhampur
for deciding the same afresh as per law after giving
opportunity of being heard to the parties in full compliance
of the principles of natural justice as expeditiously as
possible preferably within a period of two months from the
date of appearance of the parties in the said GKLC Appeal
No.04 of 2014.
15. The parties in this writ petition are directed to appear
before the Additional Sub-collector, Berhampur in GKLC
Appeal No.04 of 2014 on dated 09.01.2026 for the purpose
of receiving the directions of the Additional Sub-collector,
Berhampur(Opposite Party No.1) as to the further
proceedings of GKLC Appeal No.04 of 2014 and to file the
certified copy of this judgment for disposal of the said
GKLC Appeal No.04 of 2014.
14. As such, this writ petition filed by the petitioner is
disposed of finally.
( A.C. Behera )
Judge
Orissa High Court, Cuttack
The 23rd of December, 2025/ Jagabandhu, P.A.
Designation: Personal Assistant
