Orissa High Court
(An Application Under Articles 226 And ... vs Collector-Cum-District Magistrate on 26 March, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17772 of 2013
(An application under Articles 226 and 227 of the Constitution of India, 1950)
Chitta Ranjan Palai .... Petitioner
-versus-
Collector-cum-District Magistrate, .... Opposite Parties
Jagatsinghpur and others
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr. B.N. Satapathy,
Advocate.
For Opposite Parties - Mr. H.K. Ratsingh,
Advocate.
For O.P.2
Mr. P. K. Mohanty,
ASC. For O.P.1
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :05.03.2025 :: Date of Judgment :26.03.2025
A.C. Behera, J. This writ petition under Article 226 & 227 of the
Constitution of India, 1950 has been filed by the petitioner praying for
quashing the final order dated 10.01.2013 (Annexure-4) passed in
Consolidation Misc. Case No.01 of 2012 under Sections 34 & 35 of the
Odisha Consolidation of Holdings and Prevention of Fragmentation of
Land Act, 1972 (in short OCH & PFL Act, 1972) by the Collector-cum-
District Magistrate, Jagatsinghpur (O.P.1).
2. The factual backgrounds of the matter, which prompted the
petitioner for filing of this writ petition is that, the petitioner purchased
A0.29 decimals Chaka land of the part of Plot No.359, Chaka No.251
under Consolidation Khata No.94 in Mouza Balarampur under Kujang
Tahasil in the district of Jagatsinghpur from its recorded owners i.e.
Swornalata Mohanty, Manorama Mohanty through Registered Sale Deed
No.3053 dated 05.12.2011, to which, one Kailash Chandra Mohanty
challenged by filing Consolidation Misc. Case No.01 of 2012 before the
O.P.1 (Collector, Jagatsinghpur) against the petitioner and his vendors
praying for a declaration that, the sale deed No.3053 dated 05.12.2011
executed in favour of the petitioner as void on the ground that, the sold
land being less than one acre i.e. A0.29 decimals is a fragment and the
petitioner in Misc. Case No.01 of 2012 i.e. Kailash Chandra Mohanty is
the owner of the adjacent chaka of Chaka No.251 (from which A0.29
decimals has been sold), for which, the vendors of sale deed No.3053
should have sold the same to him (Kailash Chandra Mohanty) as per law,
but they (vendors of R.S.D. No.3053 dated 05.12.2011) have not done so.
For which, the R.S.D. No.3053 dated 05.12.2011 is to be declared as
void.
3. After hearing from both the sides, the Collector-cum-District
Magistrate, Jagasinghpur allowed that Consolidation Misc. Case No.01 of
2012 filed by Kailash Chandra Mohanty (O.P.2 of this writ petition) as
per its final order dated 10.01.2013 (Annexure-4) holding that, the
transfer of part Chaka No.251 i.e. A0.29 decimals being less than one
acre through R.S.D. No.3053 is in contravention of the provisions of
Section 34 of the O.C.H. & P.F.L Act, 1972, for which, the sale deed
No.3053 dated 05.12.2011 executed by the vendors in favour of
Chittaranjan Palei (petitioner) is declared as illegal and void.
4. The O.P.3 of that Consolidation Misc. Case No.01 of 2012 (vendee
of the sale deed) challenged that final order passed on dated 10.01.2013
(Annexure-4) by the Collector-cum-District Magistrate, Jagasinghpur by
filing this writ petition.
5. I have already heard from the learned counsel for the petitioner, the
learned Addl. Standing Counsel for the State (opposite party No.1) and
the learned counsel for opposite party No.2.
6. As per the Odisha Gazette Notification No.2910 dated 29.12.2023,
Chapter-V of OCH & PFL Act, 1972 relating to Prevention of
Fragmentation containing Sections-33, 34 & 35 has already been omitted
from the Statute Book of The OCH & PFL Act, 1972 and a new Section
as Section 36A has been inserted into the said Statute Book i.e. OCH &
PFL Act, 1972 and the said newly inserted Section 36A is as follows:-
"Section 36A- Any transfer or partition of agricultural land
in a locality creating fragmentation made under the Principal Act
before the commencement of the Odisha Consolidation of
Holdings and Prevention of Fragmentation of Land (Amendment)
Act, 2023, shall be treated as valid:
Provided that cases where any eviction has been made by the
Collector under sub-Section (2) of Section 35 of the Principal Act
as omitted in this Act shall not be reopened."
Taking into account the above omissions and insertions in the
Statute Book i.e. The OCH & PFL Act, 1972 as per Notification No.2910
dated 29.12.2023, it has been clarified by this Hon'ble Courts in a case
between Benudhar Swain Vrs. Bahudi Jena reported in 2024 (II) OLR-
261 that,
"this Section i.e. Section 36A has been introduced in the
Statute as per Section 3 of the Amendment Act, 2023, which
have come into force w.e.f. 29.12.2023."
It has been envisaged in Section 36A of The OCH & PFL Act, 1972
that,
"any transfer or partition of agricultural land in a locality
creating fragmentation made under the principal Act before
commencement of the Amendment Act shall be treated as
valid."
7. Here in this writ at hand, when, the transfer of agricultural land has
been made through RSD No.3053 dated 05.12.2011 in respect of A0.29
decimal out of A1.49 decimals of plot No.359 from Chaka No.251 under
Consolidation Khata No.94 in Mouza Balarampur before commencement
of Amendment Act, 2023 i.e. before 29.12.2023, then at this juncture, in
view of the above omissions of entire Chapter-V and insertion of Section
36A into the Statute Book of The OCH & PFL Act, 1972 as well as the
clarifications about the same made above in the ratio of the above
decision of the Hon'ble Courts in a case between Benudhar Swain Vrs.
Bahudi Jena reported in 2024 (II) OLR-261, the above sale made by the
opposite party Nos.3 & 4 in favour of the petitioner in this writ though
R.S.D. No.3053 dated 05.12.2011 cannot be held as invalid/void.
For which, in other words, it is held that, the said sale deed
No.3053 dated 05.12.2011 in favour of the petitioner is not void.
8. Therefore, the writ petition filed by the petitioner is allowed on
contest.
Accordingly, the final order dated 10.01.2013 (Annexure-4) passed
in Consolidation Misc. Case No.01 of 2012 by the Collector-cum-District
Magistrate, Jagasinghpur declaring the R.S.D. No.3053 dated 05.12.2011
as illegal and void is set aside and quashed.
9. As such, the writ petition is disposed of finally.
(A.C. Behera),
Judge.
Orissa High Court, Cuttack.
26.03.2025//Utkalika Nayak//
Junior Stenographer
Signature Not
Verified
Digitally Signed
Signed by: UTKALIKA
NAYAK
Reason: Authentication
Location: High Court of
Orissa, Cuttack
Date: 26-Mar-2025
17:22:01
