[Cites 2, Cited by 0]

Orissa High Court

Dhaneswar Jena vs State Of Odisha & Others ... Opposite ... on 23 December, 2025

                 ORISSA HIGH COURT : CUTTACK

                 WP(C) No.21807 of 2020
An application under Articles 226 & 227 of the Constitution of
                                India.
                                ***

  Dhaneswar Jena           ...                 Petitioner



                                 -VERSUS-

  State of Odisha & Others        ...           Opposite Parties




Counsel appeared for the parties:

For the Petitioner            : Mr. S.P.Mishra,Sr.Advocate
                                Mr.P.Das, Advocate


For the Opposite Parties      : Mr. G.Mohanty, SC (for the O.P. Nos.1 to 3)
                                Mr.S.Mohanty, Advocate
                                (For the O.P.Nos.5 to 7)
                                Mr.P.K.Parhi,Advocate
                                Ms.P.N.Nayak, Advocate
                                (For the O.P.Nos.8 to 10)
                                None (for the O.P. No.4)

P R E S E N T:

                     HONOURABLE
         MR. JUSTICE ANANDA CHANDRA BEHERA



Date of Hearing: 30.10.2025      ::   Date of Judgment : 23.12.2025

                                  J UDGMENT

ANANDA CHANDRA BEHERA, J.--

1. This writ petition under Articles 226 and 227 of the

Constitution of the India, 1950 has been filed by the Petitioner for

himself as well as a representative of the Hamlet Kantabania in

village Bajrakote under Krushnaprasad Tahasil in the District of

Puri praying for quashing the approval of B.C.P. Case No.1 of

2018 passed on dated 16.12.2019 (Annexure-3) by the Director,

Land Records & Survey, Odisha (O.P. No.1) i.e. to the declaration

of the Hamlet Nuagaon of village Bajrakote as a separate revenue

village.

2. The case of the Petitioner is that, he (Petitioner) is a resident

of Hamlet Kantabania of village Bajrakote under Krushnaprasad

Tahasil in the District of Puri. The village Bajrakote was a

revenue village consisting of three Hamlets i.e. Natabania,

Kantabania and Nuagaon and the total area of village Bajrakote is

Ac.1645.40 decimal.

The Hamlet Kantabania is a flourishing hamlet of village

Bajrakote having its own Gochar land, cremation/burial ground

and Government land for communal purposes and some

communal lands thereof had/have also been using by the

residents of the Hamlet Nuagaon, as, the Hamlet Nuagaon of

village Bajrakote is adjacent to the Hamlet Kantabania under the

revenue village Bajrakote.

On the basis of some political background, the residents of

Hamlet Nuagaon made a representation to the Collector, Puri

(O.P. No.2) for creation of their Hamlet Nuagaon as a separate

revenue village keeping Kantabania, as a Hamlet of their

proposed revenue village Nuagaon bifurcating the same from the

main village Bajrakote. The said representation of the residents of

Hamlet Nuagaon was forwarded by the Collector, Puri (O.P. No.2)

to the Tahasildar, Krushnaprasad, Puri (O.P. No.3) for an enquiry

and report. The Tahasildar, Krushnaprasad, Puri (O.P. No.3) on

being influenced politically submitted a report behind the back of

the villagers of Bajrakote as well as the residents of Kantabania

in support of the application of the residents of Hamlet Nuagaon

for declaration of that Hamlet Nuagaon as a separate revenue

village without serving statutory notices on the residents of

Bajrakote and Kantabania and without calling upon them to have

their say through objections in compliance with Rule 61 (4) of the

O.S. & S Rule, 1962. As such, there was no joint verification for

creation of boundaries of the newly proposed village i.e. Nuagaon.

On the basis of the enquiry report dated 24.07.2019 (Annexure-1)

of the Tahasildar, Krushnaprasad, Puri (O.P. No.3), the Collector,

Puri (O.P. No.2) as per its order dated 04.11.2019 (Annexure-2)

sent his proposal to the Director, Land Records & Survey, Odisha

(O.P. No.1) for declaration of Hamlet Nuagaon as a separate

revenue village as per Rule 61 of O.S. & S Rules, 1962, which is

highly illegal.

On the basis of the recommendations made by the Collector,

Puri (O.P. No.2) on dated 04.11.2019 (Annexure-2), the Director,

Land Records & Survey, Odisha (O.P. No.1) approved the

proposal of the Collector, Puri (O.P. No.2) on dated 16.12.2019

(Annexure-3) in B.C.P. Record No.1 of 2018 and the O.P. No.1

sent the case record to the Collector, Puri (O.P. No.2) for taking

follow up actions thereof, to which, the Collector, Puri (O.P. No.2)

accepted as per Annexure-4.

When, the Petitioner along with other villagers of Bajrakote

and Hamlet Kantabania came to know about the declaration of

Hamlet Nuagaon of village Bajrakote as a separate revenue village

as per order passed by the O.P. No.1 in B.C.P. Case No.1 of 2018

then, they protested against the same through representations

vide Annexure-5 series before the Collector, Puri (O.P. No.2),

which is still pending for consideration.

Thereafter, the Petitioner for himself and as well as the

representative of his Hamlet Kantabania filed this writ petition

under Articles 226 and 227 of the Constitution of India, 1950

against the O.Ps praying for quashing the order dated 16.12.2019

(Annexure-3) i.e. to the declaration of Hamlet Nuagaon of village

Bajrakote as a separate revenue village with an area of Ac.805.15

decimal leaving an area of Ac.840.25 decimal with village

Bajrakote passed in B.C.P. Case No.1 of 2018 by the O.P. No.1 on

the ground that, the said impugned order dated 16.12.2019

(Annexure-3) passed by the O.P. No.1 for the declaration of

Hamlet Nuagaon as a separate revenue village is illegal and

barred under law, as no opportunity was given/provided to the

villagers of Bajrakote including the residents of Hamlet

Kantabania for filing of objection and the said impugned order

under Annexure-3 has been passed by the O.P.No.1 without

giving any opportunity of hearing to the affected villagers. The

enquiry report vide Annexure-1, which was submitted by the

Tahasildar, Krushnaprasad, Puri (O.P. No.3) is void, illegal and

the same is in violation of the principles of natural justice.

Therefore, the declaration of the Hamlet Nuagaon of village

Bajrakote as a separate revenue village as per order dated

16.12.2019 (Annexure-3) passed in B.C.P. Case No.01 of 2018 by

the Director, Land Records & Survey, Odisha (O.P. No.1) is to be

quashed.

3. The O.Ps being in four sets contested to the aforesaid writ

petition of the Petitioner by filing four separate objections taking

their stands identically.

4. As per the counter-affidavit submitted by the O.Ps, the

residents of the Hamlet Nuagaon of village Bajrakote had made

an application before the Collector, Puri (O.P. No.2) to declare

their Hamlet Nuagaon as a separate revenue village.

On the basis of their said application, a case i.e. Boundary

Change Proceeding Case No.01 of 2018 (BCP Case No.1 of 2018)

was initiated before the Director, Land Records & Survey, Odisha

(O.P. No.1) and in that B.C.P. Case No.1 of 2018 direction was

given to the Tahasildar, Krushnaprasad, Puri (O.P. No.3) by the

O.P. No.1 through the Collector, Puri (O.P. No.2) to enquire in

order to ascertain, whether the required criterias as per law for

declaration of Hamlet Nuagaon of village Bajrakote as a separate

revenue village are fulfilled or not.

Accordingly, the Tahasildar, Krushnaprasad, Puri (O.P.

No.3) conducted an enquiry following the law and the guidelines,

issued notices and called for the objections as per law and

concluded the said enquiry on dated 24.07.2019 and submitted

report vide Annexure-1 series to the Collector, Puri (O.P. No.2)

for its onward transmission to the Director, Land Records &

Survey, Odisha (O.P. No.1).

According to the stands of the O.Ps., enquiry was conducted

by the Tahasildar, Krushnaprasad, Puri (O.P. No.3) on prior

notice to the residents of Bajrakote including the residents of

Hamlet Kantabania, Natabania and Nuagaon. They had

participated in the enquiry and they have signed in the enquiry

report.

As per the report of the Tahasildar, Krushnaprasad (O.P.

No.3), The Hamlet Nuagaon of Vilage Bajrakote is 2.5 K.M. away

from the main revenue village Bajrakote and the population of the

Hamlet Nuagaon is 896. The total number of houses in the said

Hamlet Nuagaon is 173.

As the said Hamlet Nuagaon of village Bajrakote is fulfilling

the required norms and guidelines of the Government to be a

separate revenue village, for which, proclamation in the

prescribed form No.2 was issued inviting objection and the copy

of the said proclamation was properly made i.e. hanging the said

proclamation in different places, making aware i.e. by beat of

drum, hanging on the notice boards of the R.I. Office, Tahasil

Office and Grampanchayat Office as per Rule 6(2) of the OS & S

Rules, 1962. The coies of the said notices are Annexure-C/1

series. After careful consideration of the recommendation of the

Collector, Puri (O.P. No.2) on the basis of the enquiry report of the

Tahasildar, Krushnaprasad, Puri (O.P. No.3), as per order dated

16.12.2019 (Annexure-3), the Director, Land Records & Survey,

Odisha (O.P. No.1) declared to the Hamlet Nuagaon of village

Bajrakote as a separate revenue village allotting an area of

Ac.805.15 decimal for the said new revenue village Nuagaon

keeping an area of Ac.840.25 decimal with the main village

Bajrakote out of total area of Ac.1645.40 decimal and directed to

the Collector, Puri (O.P. No.2) to give an effect to the said order

dated 16.12.2019 (Annexure-3) in the maps and records of the

concerned villages and to submit a certificate to that effect and

communicated the same through letter No.4467 dated

17.12.2019 to the Collector, Puri (O.P. No.2).

In order to work out the said order of O.P. No.1, the

Collector, Puri (O.P. No.2) directed Tahasildar, Krushnaprasad,

Puri (O.P. No.3) for taking further follow up actions as per the

provisions of OS & S Rules 1962 according to Annexure-4.

For which, according to the O.Ps, the order dated

16.12.2019 (Annexure-3) passed in BCP Case No.1 of 2018 by the

Director, Land Records & Survey, Odisha (O.P. No.1) i.e. the

declaration of Hamlet Nuagaon as a separate revenue village

cannot be held as illegal and the said order dated 16.12.2019

(Annexure-3) cannot be quashed.

5. The Petitioner filed rejoinder against the aforesaid counters

of the O.Ps and also submitted an affidavit on dated 22.10.2025

stating that, it appears from the map available in the "Bhulekh"

website that, the Hamlet Kantabania is situated in seat No.1 of

the map comprising of an area measuring 775 acres of land. The

residents of Kantabania are enjoying the properties under Khata

No.401, Plot No.1168, which stands in the name of Maa

Bhagabati Thakurani. Khata No.422/421. Plot No.1155 stands in

the name of Kalijai. There is a Primary School in Bajrakote Samil

Kantabania. Khata No.469 Plot No.1160, Lunia Pokhari and

Khata No.468, Plot No.780 are cremation/burial ground and the

same are Govt. Land. The same have been using for communal

purposes. The total land area of Nuagaon is 30 Acres as per

Bhulekha Map in seat No.1 as (4-Ka). The total land area for new

revenue village Nuagaon has been shown as Ac. 805.15 decimals,

out of which the residents Hamlet Kantabania are in physical

possession over 775 acres and enjoying such land but no opinion

has been taken from the residents of Hamlet Kantabania

including the Petitioner.

For which, the counters filed by the O.Ps are not true and

correct.

Therefore, the declaration of Hamlet Nuagaon as a separate

revenue village as per order dated 16.12.2019 (Annexure-3)

passed by the O.P. No.1 is illegal and the same is liable to be

quashed.

6. I have already heard from the learned Sr.Counsel for the

Petitioner, the learned standing counsel for the O.P. Nos.1 to 3,

the learned counsel for the O.P. Nos.5 to 7 and the learned

counsel for the O.P. Nos.8 to 10, but, none appeared from the

side of the O.P. No.4 (Sarapanch, Bajrakote Gram Panchayat) for

participating in the hearing of this writ petition

7. The Petitioner has challenged the impugned order dated

16.12.2019 (Annexure-3) passed by the Director, Land

Records & Survey, Odisha (O.P. No.1) i.e. to the declaration of

Hamlet Nuagaon of village Bajrakote as a separate revenue

village on the ground of non-providing of opportunity of

hearing to the villagers of Bajrakote and the residents of

Kantabania during the enquiry made by the Tahasildar,

Krushnaprasad, Puri (O.P. No.3) in B.C.P. Case No.1 of 2018

and in support of such contentions, the learned Sr.Counsel

for the Petitioner relied upon the decisions of this Court

between Trilochan Biswal and others Vrs. Commissioner,

Land Reforms and Settlement, Board of Revenue and

others reported in 2006 (II) OLR 817 and in a case between

Suryamani Mohanty and others Vrs. Secretary to

Government of Orissa, Panchayatiraj Department and

others reported in 2000 (11) OLR 177 and submitted for

remitting back the matter i.e. for the fresh enquiry of B.C.P.

Case No.1 of 2018 in presence of the residents of Kantabania

including the Petitioner.

8. It is the case of the Petitioner that, Bajrakote had three

hamlets i.e. Natabania, Kantabania and Nuagaon comprising

of an area of Ac.1645.40 decimal. The Hamlet Kantabania is

adjacent to the Hamlet Nuagaon. The residents of the Hamlet

Nuagaon are using the Gochar land, cremation/burial ground

and Govt. land of Hamlet Kantabania for communal purposes

and due to bifurcation of the Hamlet Nuagaon and declaration

of the same as a separate revenue village, the residents of the

Hamlet Kantabania including the Petitioner have been affected

seriously. Because, by such declaration, the Gochar land,

cremation/burial ground and Govt. land of Hamlet

Kantabania have been illegally included in the newly declared

revenue village i.e. Nuagaon. For which, opportunity of

hearing relating to the declaration of Hamlet Nuagaon as a

separate revenue village should have been given properly to

the residents of Hamlet Kantabania, but, the same has not

been done. For which, the impugned order dated 16.12.2019

(Annexure-3) passed by the O.P. No.1 for declaration of

Hamlet Nuagaon as a separate revenue village is to be

quashed.

9. It appears from the public records vide Annexure-1

series as well as Annexure-C/3 series that, an enquiry was

conducted by the Tahasildar, Krushnaprasad, Puri (O.P. No.3)

as per the directions made in B.C.P. Case No.1 of 2018 by the

O.P. No.1 through Collector, Puri (O.P. No.2) inviting

objections from all concern including the residents of Hamlet

Kantabania through proper notices, such as general notices

through beat of drum as well as affixing the notices in the

main village Bajrakote and its three Hamlets and also affixing

the said notices in the notice boards of the local

Grampanchayat office, Tahasil Office and R.I office for the

purpose of wide publicity and all the villagers of Bajrakote

including the residents of Hamlets Kantabania, Nuagaon and

Natabania and local Sarpanch (O.P. No.4) had unanimously

agreed with the proposal for declaration of the Hamlet

Nuagaon of Village Bajrakote as a separate revenue village for

the interest of general public as a whole on the basis of the

area and demarcation of land indicated in the said reports

vide Annexure-1 series and C/1 series.

For which, it cannot be held that, the residents of Hamlet

Kantabania including the Petitioner were not provided with

any opportunity for filing objections. Therefore, it cannot be

held that, the provisions of 61 (4) of the O.S. & S Rule, 1962

has not been complied with.

10. So far as the allegations alleged by the Petitioner

regarding the inclusion of Gochar land, cremation/burial

ground and Govt. land of Hamelt Kantabania in the newly

declared village Nuagaon illegally by the impugned order dated

16.12.2019 (Annexure-3) passed in BCP Case No.1 of 2018 by

the O.P. No.1 is concerned:-

According to the Petitioner, there were three Hamlets of

main village Bajrakote i.e. Natabania, Kantabania and

Nuagaon. In the village map, there was no separate land for

any of the Hamlets i.e. Natabania, Kantabania and Nuagaon

prior to the bifurcation of Hamlet Nuagaon.

When, as per the map annexed in the C/3 Series, the

areas for the new revenue village Nuagaon have been

separated from the main village Bajrakote, then at this

juncture, the question of inclusion of any Gochar land,

cremation/burial ground and Govt. land of the Hamlet

Kantabania in the new village Nuagaon does not arise.

Because, the Hamlet Kantabania had no Gochar land,

cremation/burial ground and Govt. land of its own. All the

Gochar land, cremation/burial ground and Govt. land were

under the main village Bajrakote. For which, the allegations

alleged by the Petitioner relating to the inclusion of Gochar

land, cremation/burial ground and Govt. land of Hamlet

Kantabania with the newly created revenue village Nuagaon

cannot be acceptable under law, for the reasons assigned

above.

11. It has been specifically stated in the impugned order

dated 16.12.2019 (Annexure-3) passed in BCP Case No.01 of

2018 by the O.P. No.1 that, Hamlet Nuagaon of village

Bajrakote has been declared as a separate revenue village

comprising an area of Ac.805.15 decimal retaining an area

Ac.840.25 decimal in main village Bajrakote. It appears from

the report of the Tahasildar, Krushnaprasad, Puri (O.P. No.3)

and Collector, Puri (O.P. No.2) vide Annexure-1 and Annexure-

2 Series that, the Hamlet Nuagaon satisfies all the

requirements/criterias of a new revenue village as per Board

of Revenue Letter No.3273/LR &S dated 28.06.2014, because,

the population of the Hamlet Nuagaon is 896 having 173

numbers of houses therein. The Hamlet Nuagaon is located at

2.5 K.M. Away from the main village Bajrakote.

12. As per the Notification No.3273/LR &S dated 28.06.2014

in order to declare a Hamlet, as a separate revenue village, the

following guidelines/criterias are to be fulfilled i.e.:-

(a) the Hamlet must have been located at more than 1/2 K.M. away from the main Revenue village with a population of 250 or more.

(b) the Hamlet must have lying within 1/2 K.M. from the main revenue village but having population of more than 300.

(c) the Hamlets must have been separated from the main revenue village by natural barrier, even if, population is less than 250.

(d) apart from the above, availability of Gochara land, Burial grounds, Govt. land for communal purpose and for development purpose etc will be taken into consideration.

13. Here in this matter at hand, when it is forthcoming from

the reports of the Tahasildar, Krushnaprasad, Puri (O.P.

No.3), the Collector, Puri (O.P. No.2) vide Annexure-1 and

Annexure-2 as well as from the impugned order dated

16.12.2019 (Annexure-3) passed in B.C.P. Case No.01 of 2018

by the O.P. No.1 that, the Hamlet Nuagaon of village Bajrakote

is situated/located at 2 and 1/2 K.M. away from its main

village Bajrakote having its population of 897 and 176

numbers of houses and the same has fulfilled all the criterias

of the notification of the Government relating to the

availability of Gochar land, cremation/burial ground and

Govt. land for communal purposes as well as for development