Orissa High Court
Ramesh Chandra Dalai vs The Commissioner on 24 June, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No. 28784 of 2020
An application under Articles 226 & 227 of the Constitution of
India.
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Ramesh Chandra Dalai ............. Petitioner
-VERSUS-
The Commissioner, Land Records
and Settlement, ............. Opposite Parties
Cuttack and others
Counsel appeared for the parties:
For the Petitioner : Mr. D.Nayak, Advocate.
For the Opposite Parties : Ms. J.Sahoo, A.S.C.
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing: 24.06.2025 :: Date of Judgment : 24.06.2025
J UDGMENT
ANANDA CHANDRA BEHERA, J.--
1. This writ petition has been filed by the Petitioner (who
was the petitioner in R.P. Case No.1171 of 2006) praying for
quashing the final order dated 21.05.2015 passed in R.P. Case
No.1171 of 2006 by the Commissioner, Land Records and
Settlement, Odisha, Cuttack (O.P. No.1) on the ground that,
his revision petition vide R.P. Case No.1171 of 2006 was
dismissed by the Commissioner, Land Records and
Settlement, Odisha, Cuttack (O.P. No.1) on dated 21.05.2015
only on the ground of non-submission of the corresponding
Sabik records of the case land in order to show the flow of title
of the case land.
2. Heard from the learned counsel for the Petitioner and the
learned ASC for the State.
3. During the course of hearing, the learned counsel for the
Petitioner submitted that, the engaged learned counsel did not
provide the information to the Petitioner for collection of the
corresponding Sabik records of the case land in order to file
the same in R.P. Case No.1171 of 2006, for which, there was
no fault on the part of the Petitioner in submitting the
corresponding Sabik records of the case land.
4. According to the submissions of the learned counsel for
the Petitioner, the petitioner had a good case in the revision,
but, the same has been dismissed only on a technical ground
due to non-submission of the corresponding Sabik records of
the case land in order to show the flow of title of the case land.
But, the Petitioner is eagerly interested to file the
corresponding Sabik records of the case land in order to
establish his title on the same. For which, the learned counsel
for the Petitioner submitted for quashing the impugned order
and to remand the case of the Petitioner in order to give an
opportunity of being heard to him for submission of
documents on his behalf to establish his claim on the case
land.
5. When, it appears from the impugned order that, the
same has been passed by the O.P. No.1 on dated 21.05.2015
only on a technical ground i.e. only for non-submission of the
corresponding Sabik Record of the case land, for which, there
is justification under law for making interference with the
same through this writ petition filed by the Petitioner,
because, it is the settled propositions of law that,
when courses of substantial justice and the law of
technicalities are pitted against each other, the courses
of substantial justice deserves to be preferred for no
other reason, but only in order to comply the principles
of natural justice and also in to order to avoid the
multiplicity of litigations between the parties.
6. So, by applying the above propositions of law to this
matter at hand, it is felt proper to interfere with the impugned
order through this writ petition filed by the Petitioner.
7. In result, the writ petition filed by the Petitioner is
allowed.
8. The impugned order dated 21.05.2015 passed by the
Commissioner, Land Records and Settlement, Odisha, Cuttack
(O.P. No.1) in R.P. Case No.1171 of 2006 is quashed.
9. The matter vide R.P. Case No.1171 of 2006 is remitted
back to the Court of Additional Commissioner, Land Records
Settlement, Cuttack-1 at Jajpur Town for deciding the same
afresh as per law after giving opportunity of being heard to the
Parties including the Petitioner and the petitioner is at liberty
to furnish all the required documents to substantiate his claim
before the Court of the learned Additional Commissioner, Land
Records Settlement, Cuttack-1 at Jajpur Town in R.P. Case
No.1171 of 2006.
10. The Additional Commissioner, Land Records Settlement,
Cuttack-1 at Jajpur Town is directed to dispose of the R.P.
Case No.1171 of 2006 as expeditiously as possible within a
period of three months from the date of the communication of
this order.
11. The Petitioner is directed to appear before the Additional
Commissioner, Land Records Settlement, Cuttack-1 at Jajpur
Town in R.P. No.1171 of 2006 on 10.07.2025 in order to
receive the direction of the said commissioner relating to the
further proceedings of that R.P. Case No.1171 of 2006.
12. Accordingly, the writ petition is disposed of finally.
13. Registry is directed to communicate this order
immediately to the Additional Commissioner, Land Records
Settlement, Cuttack-1 at Jajpur Town.
14. Urgent certified copy of this order be granted to the
parties on proper application.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
24.06.2025// Binayak Sahoo
Jr. Stenographer
Location: High Court of Orissa, Cuttack
