Orissa High Court
Constitution Of India) vs Commissioner Consolidation on 24 June, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.4959 of 2014
(In the matter of an application under Article 226 and 227 of the
Constitution of India)
Khetramani Mohanty(dead) and .... Petitioners
others
-versus-
Commissioner Consolidation, Orissa, .... Opposite Parties
Bhubaneswar and others
Appeared in this case:-
For Petitioners : Mr. S.K. Mishra, Sr. Advocate
For Opposite Parties : Mr. G. Mohanty,
Learned Additional Standing
Counsel
Mr. R.K. Mohanty, Sr. Advocate
CORAM:
JUSTICE A.C. BEHERA
JUDGMENT
Date of hearing : 24.06.2025 / Date of judgment : 24.06.2025
A.C. Behera, J. Learned counsel for the Petitioner No.1, learned counsel for the
Opposite Party Nos.2 & 3 and the learned Standing Counsel for the State
are present.
2. As this writ petition was dismissed as withdrawn against the
Petitioner No.2 as per order dated 09.09.2015, for which, heard from the
Location: HIGH COURT OF ORISSA, CUTTACK
learned counsel for the Petitioner No.1, learned counsel for the Opposite
Party Nos.2 & 3 and the learned Standing Counsel for the State.
3. This writ petition has been filed by the Petitioner No.1 praying for
quashing of the final analogous order dated 30.05.2013 passed in
Revision Case Nos.2886 of 1993 & 2887 of 1993 by the Commissioner
Consolidation, Orissa, Bhubaneswar (Opposite Party No.1) on the
ground that, that the said revisions were dismissed for default as well as
on merit being contrary to law.
4. It appears from the impugned order vide Annexure-4 that, as none
had appeared from the side of the Petitioner in Revision Case Nos.2886
of 1993 & 2887 of 1993, for which the Commissioner Consolidation,
Orissa, Bhubaneswar (Opposite Party No.1) dismissed that revisions as
per the impugned order for default as well as on merit.
5. When the above Revision Case Nos.2886 of 1993 & 2887 of 1993
have been dismissed for default as well as on merit, then, the impugned
order passed by the Commissioner Consolidation, Orissa, Bhubaneswar
(Opposite Party No.1) itself is self-contradictory, which is against the
principles of law. Because, the revisions could have been dismissed
either for default of the Petitioners or on merit, but not on both the
grounds simultaneously. For which, the said self-contradictory order
Location: HIGH COURT OF ORISSA, CUTTACK
passed by the Opposite Party No.1 vide Annexure-4 on dated
30.05.2013 cannot be sustainable under law.
6. As such, there is justification under law for making interference
with the impugned order through this writ petition filed by the
Petitioners. For which, there is, merit in the writ petition filed by the
Petitioners. The same must succeed.
7. Therefore, the writ petition filed by the Petitioners is allowed.
8. The impugned order dated 30.05.2013 passed in Revision Case
Nos.2886 of 1993 & 2887 of 1993 (Annexure-4) by the Opposite Party
No.1 is quashed.
9. The matter vide Revision Case Nos.2886 of 1993 & 2887 of 1993
is remitted back (remanded back) to the Commissioner Consolidation,
Orissa, Bhubaneswar (Opposite Party No.1) for deciding the same
afresh as per law after giving opportunity of being heard to the parties,
complying the principles of natural justice in full without being
influenced in any manner by the order of this judgment and without
using the observations made in this judgment in favour of any of the
parties as expeditiously as possible within a period of three months from
the date of communication of this order.
10. The parties are directed to appear before the Commissioner
Consolidation, Orissa, Bhubaneswar (Opposite Party No.1) in Revision
Location: HIGH COURT OF ORISSA, CUTTACK
Case Nos.2886 of 1993 & 2887 of 1993 on 07.07.2025 in order to
receive the direction of the Commissioner Consolidation, Orissa,
Bhubaneswar (Opposite Party No.1) as to the further proceedings of the
Revision Case Nos.2886 of 1993 & 2887 of 1993.
11. The registry is directed to communicate this order to the
Commissioner Consolidation, Orissa, Bhubaneswar (Opposite Party
No.1) immediately.
12. Accordingly, this writ petition is disposed of finally.
( A.C. Behera )
Judge
Orissa High Court, Cuttack
The 24th of June, 2025/ Sarbani Dash, Jr. Steno
Location: HIGH COURT OF ORISSA, CUTTACK
