Orissa High Court
Jagannath Sahu vs State Of Odisha on 2 May, 2025
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 03-May-2025 13:58:48
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO.15355 OF 2024
(An application under Articles 226 and 227 of the
Constitution of India, 1950)
*******
1. Jagannath Sahu, S/o late Biswanath
Sahu,
2. Lokanath Sahu, S/o late Biswanath
Sahu,
3. Sasmita Sahu, W/o late Lingaraj Sahu,
4. Sibangi Sahu, D/o late Lingaraj Sahu
5. Subhrojeet Sahu, S/o late Lingaraj
Sahu,
(Sl. Nos.1 to 5 are resident of AT:
Kabiraj Street, Hinjilicut, PO/PS:
Hinjili, Dist: Ganjam-761102)
6. M.J. Developers, a partnership firm
between M/s Motwani Constructions
Private Limited, represented through
its Director, Mr. Pankaj Motwani, son
of Dilip Kumar Motwani and
M/s Jaiswal Construction Private
Limited, represented through its
Director, Mr. Mayank Jaiswal, son of
Manohar Jaiswal, having their office
at Flat No.402, Tarini Palace, Plot
No.2, Saheed Nagar, Bhubaneswar- .... Petitioners
7510017
-versus-
1. State of Odisha, represented through
its Secretary Revenue and Disaster
Management Department, Secretariat
Building, AT/PO/PS: Bhubaneswar
2. Tahasildar, Bhubaneswar, AT/PO:
Bhubaneswar, Dist: Khordha
3. Collector, Khordha, Dist: Khordha
W.P.(C) NO.15355 OF 2024 Page 1 of 12
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 03-May-2025 13:58:48
4. Sub-Registrar, Khordha, Dist:
Khordha,
.... Opp. Parties
5. Sujata Sahu, D/o Biswanath Sahu, AT:
Kabiraj Street, Hinjilicut, PO/PS: .... Proforma
Hinjili, Dist: Ganjam-761102 Opp. Party
Advocate for the parties:
For Petitioners : Mr.Goutam Mukherji,
Senior Advocate being assisted
by Mr.SupratikAcharya, Advocate
For Opp. Parties : Mr. Swayambhu Mishra,
Additional Standing Counsel
(For Opposite Party Nos.1 to 4)
CORAM:
JUSTICE K.R. MOHAPATRA
Date of Hearing: 04.04.2025 :: Date of Judgment: 02.05.2025
JUDGMENT
1. This matter is taken up through hybrid mode.
2. Inaction of Opposite Parties-functionaries of the State in
changing status of the land mentioned in the Record of Right
(ROR) from 'Dakhal Satwa Sunya' to 'Stithiban' is the subject
matter of challenge in this writ petition.
3. Case of the Petitioners in brief relevant for adjudication is
that Plot No.1313 to an extent of Ac.2.385 decimal under Khata
No.343/137 situated in mouza Jagannath Prasad under
Bhubaneswar Tahasil in the district of Khordha (for brevity 'the
case land') stands recorded in the name of one Sarojini Sahu
(mother of Petitioner Nos.1 and 2 and proforma Opposite Party
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 03-May-2025 13:58:48
No.5). The Kisam of the case land is recorded as 'Gharabari'. In
Column No.3 of ROR, the status of the case land has been
described as 'Dakhal Satwa Sunya'. Petitioner Nos.1 to 5 are the
successors of the recorded tenant, namely, late Sarojini Sahu. It is
pertinent to mention here that late Biswanath Sahu and his wife
Sarojini Sahu had three sons, namely, Jagannath, Lingaraj and
Lokanath and one daughter, namely, Sujata. Sujata Sahu has
been added as proforma Opposite Party No.5 to the writ petition.
Lingaraj Sahu is dead leaving behind Petitioner Nos.3 to 5 as his
legal heirs. During his life time, the recorded tenant, namely,
Sarojini Sahu had executed a Power of Attorney-cum-
Development Agreement (Annexure-2) in favour of the
Developer, namely, Petitioner No.6-M.J. Developers for
development of the case land. The recorded tenant died on 21st
November, 2020 leaving behind his legal heirs as stated above.
3.1 Government in Revenue and Disaster Management
Department issued letter RDM-CHS-PGOT-0303-2020/L
No.3063/R and DM dated 28th January, 2021 (Annexure-6) to all
Collectors of the State instructing them to initiate suo motu cases
and correct the status of the case land to 'Stithiban' wherever the
status of land is recorded as 'Bajyapti Stithiban', 'Dakhal Satwa
Bisista' and 'Dakhal Satwa Sunya'. In the said letter, it is observed
that the Department vide letter No.47582 dated 12th October, 1990
had issued a set of instructions titled as 'Raiyati Jami Record
Kariba Pranali O Satwaa Satwa Niyamabali' (for short,
'Guidelines') to regulate recording of the Raiyati land. In para-23 of
the said instruction/Guidelines, it is indicated that in course of
settlement operation in the undivided districts of Puri, Cuttack and
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 03-May-2025 13:58:48
Balasore, the land recorded in the status of 'Bajyapti Stithiban',
'Dakhal Satwa Bisista' and 'Dakhal Satwa Sunya' would be
recorded under 'Stithiban' status. In the rest part of the State of
Odisha if entry of the status of land in the RoR is noticed as above,
the same would be recorded under 'Raiyati' status. Thus, the
Petitioners claim the land being situated in the undivided district of
Puri (now in the district of Khordha), the ROR should have been
prepared describing the status of the case land as 'Stithiban'. In the
said letter under Annexure-6, it has been instructed that Tahasildar
should initiate suo motu cases to change the status of the land to
'Stithiban'. The Tahasildar, Bhubaneswar-Opposite Party No.2
failed to act upon the instruction issued as above to change the
status of the case land to 'Stithiban'. Petitioners also intimated the
Tahasildar, Bhubaneswar-Opposite Party No.2, vide grievance
petition dated 15th November, 2023 under Annexure-7, to change
the status of the case land to 'Stithiban'. But the Tahasildar,
Bhubaneswar failed to act upon the same. Hence, the Petitioners
finding no other alternative have filed the present writ petition.
4. Mr. Mukherji, learned Senior Advocate appearing for the
Petitioners contended that para-23 of the Regulations clearly
stipulates that as per Section 24 of the Odisha Tenancy Act, 1913, a
Stithiban Raiyat has possessory right over the land he is cultivating.
Section 4 of the said Act states that there are three kinds of Raiyats,
namely, 'Chirastayee Jama Raiyat', 'Dakhal Satwa Bisista Raiyat'
and 'Dakhal Satwa Sunya Raiyat'. In some cases, 'Chirastayee
Jama Raiyat' is described as 'Chirastayee Jama Bisista' and 'Bahel
Chirastayee Jama'. During settlement operation in the undivided
districts of Puri, Cuttack and Balasore, Raiyats recorded as
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 03-May-2025 13:58:48
'Bajyapti Stithiban'/ 'Dakhal Satwa Bisista'/ 'Dakhal Satwa Sunya'
should be recorded as 'Stithiban' status. At any other place in the
State of Odisha, those Raiyats should be recorded under Raiyati
status. Accordingly, letter under Annexure-6 was issued to all
Collectors to instruct the Tahasildars to initiate proceedings to
record such Raiyats as Stithiban Raiyats in the undivided districts
of Puri, Cuttack and Balasore. Although Petitioners have made
grievance before the Tahasildar, Bhubaneswar, which is coming
under undivided district of Puri to record the case land under
Stithiban status, but no action has yet been taken on the same. As
such, finding no other alternative, this writ petition has been filed
seeking direction to Tahasildar, Bhubaneswar to initiate appropriate
proceeding and record the case land under Stithiban status.
5. Counter affidavit has been filed by Tahasildar,
Bhubaneswar-Opposite Party No.2 stating, inter alia, that one
Dhadu Nayak, son of Nabaghana Nayak of village Andharua was
granted lease of Government land measuring Ac.2.385 decimal
in Plot No.1313 under Khata No.343/137 situated in mouza
Jagannath Prasad vide WL Case No.236 of 1975 for agricultural
purpose. He sold the entire leasehold land to one Sarojini Sahoo,
the mother of Petitioner Nos.1 and 2, namely, Jagannath Sahu.
Said Sarojini Sahu got the land mutated in her name under Khata
No.343/137. Pursuant to order in OLR Case No.11321 of 2009,
the case land was converted to 'Gharabari' kisam (nature), but
the status of the case land remained as 'Dakhal Satwa Sunya'.
Said Sarojini Sahu died on 21st November, 2020 leaving behind
the Petitioner Nos.1 and 2 and others as her legal heirs. After a
lapse of fifteen years, Petitioners filed representation on 15th
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 03-May-2025 13:58:48
November, 2023 for change of status of the case land from
'Dakhal Satwa Sunya' to 'Stithiban' in terms of notification
issued by the Government in Revenue and Disaster Management
Department vide No.3063 dated 28th January, 2021 (Annexure-
6). In the said notification, it was clearly mentioned that
instructions issued earlier in Revenue Department letter
No.47582 dated 12th October, 1990 should be followed in
recording the Raiyati land. At para-23 of the instructions
(Guidelines), it is clearly indicated that in course of settlement in
the undivided districts of Puri, Cuttack and Balasore, a land
recorded in 'Bajyapti Stitiban'/ 'Dakhal Satwa Bisista'/ 'Dakhal
Satwa Sunya' would be recorded as 'Stithiban' status, if the ROR
is settled/issued as per the provisions of the Odisha Tenancy Act,
1913.
5.1 The settlement ROR in Revenue village Jagannath Prasad
has been finally published in the year 1962 under the provisions of
Odisha Survey and Settlement Act, 1958 and Rules, 1962 framed
thereunder. The case land is a leasehold property granted in favour
of the vendor of the Petitioners' mother under the provisions of
Odisha Government Land Settlement Act, 1962.
5.2 Further, a conjoint reading of letter under Annexure-6 and
the Guidelines/instructions dated 12th October, 1990, it is clear that
those categories of Raiyats as defined under the provisions of
Section 4 of the Odisha Tenancy Act, 1913 would be recorded
under Raiyati status, which is heritable and transferable and not the
classes of tenants who were granted lease by the Government.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 03-May-2025 13:58:48
5.3 'Dakhal Satwa Sunya' status is an erroneous entry and the
case land should have been recorded under 'Pattadar' status. Since
the case land has been recorded under the provisions of OGLS Act
in WL Case No.236 of 1975, the same could not have been
recorded as 'Dakhal Satwa Sunya'. As such, the case land should
be recorded under Pattadar status, as per the Guidelines issued by
the Government. In such circumstances, process has already been
initiated by Tahasildar, Bhubaneswar with the Government in
Revenue and Disaster Management Department and hence, cases of
same nature would be corrected as expeditiously as possible. In that
regard, letter No.12049 dated 30th July, 2024 (Annexure-B/2 to the
counter affidavit) has been referred to. Thus, the Petitioners should
not take advantage of an erroneous entry in the ROR.
5.4 Mr. Mishra, learned ASC reiterating the averments made in
the counter affidavit submitted that the case land was all through
out a piece of Government land and by virtue of WL Case No.236
of 1975, it was leased out in favour of one Dhadu Nayak through
whom the Petitioners claim title. Thus, at no stretch of imagination,
it can ever be said that the case land was recorded in Raiyati status
under the provisions of the Odisha Tenancy Act, 1913. As such, the
Instructions/Guidelines issued by the Government on 12th October,
1990 has no application to the instant case.
6. Relevant portion of Guidelines/Instructions dated 12th
October, 1990 has been filed as Annexure-A/2 to the counter
affidavit. However, Petitioners have filed the complete set of
Guidelines along with their additional affidavit dated 3rd September,
2024 for perusal of the Court.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 03-May-2025 13:58:48
7. In the backdrop of the aforesaid pleadings of the parties and
arguments advanced by learned counsel for the parties, this Court
proceeds to adjudicate the matter.
8. Heard learned counsel for the parties at length. The flow
of title to the Petitioners is not disputed by Opposite Parties. The
only issue that arises for consideration in the present writ petition
is whether the case land can be recorded under 'Stithiban' status
or not.
9. It is vehemently argued by Mr. Mishra, learned ASC that
the case land was erroneously recorded under 'Dakhal Satwa
Sunya' status in the ROR. In order to consider the veracity of the
submissions made by Mr. Mishra, learned ASC, this Court
scrutinized the pleadings and materials available on record. On
verification of record, it is apparent that the case land was recorded
under 'Dakhal Satwa Sunya' status. The said entry in the Column-3
of the ROR has neither been challenged as yet in any Court of law
nor has any proceeding yet been initiated to correct the so-called
erroneous entry of 'Dakhal Satwa Sunya' status in the RoR. At
para-9 of the counter affidavit filed by the Tahasildar,
Bhubaneswar, an averment is made to the effect that Opposite Party
No.2 has made communication to the Government in Revenue and
Disaster Management Department vide letter No.12049 dated 30th
July, 2024 (Annexure-B/2) intimating about such so-called
erroneous entry of the status of the case land. But there is nothing
on record to come to a conclusion that any proceeding has been
initiated as yet for correction of the so-called erroneous entry in the
RoR regarding status of the case land. Thus, this Court is of the
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 03-May-2025 13:58:48
considered opinion that status of the case land in the ROR is
'Dakhal Satwa Sunya' as on date.
10. On perusal of the Guidelines/Instructions, namely, 'Raiyati
Jami Record Kariba Pranali O Satwaa Satwa Niyamabali', i.e.,
procedure to record raiyati land and regulations regarding status of
the land, it clearly indicates that the said Instructions/Guidelines
were issued in terms of Memorandum No.29854 dated 25th June,
1990, which dealt with recording of Government land. At para-23
of the said Guidelines/Instructions, it is clearly stated that as per
Section 4 of the Odisha Tenancy Act, 1913, Raiyats are of three
categories, namely, 'Chirastayee Jama Raiyat', 'Dakhal Satwa
Bisista Raiyat' and 'Dakhal Satwa Sunya Raiyat'. It is also stated at
para-23 in some places 'Stithiban Raiyat' are recorded as
'Chirastayee Jama Bisista' and 'Bahel Chirastayee Jama' etc. In
all such cases, the land which are recorded under 'Bajyapti
Stithiban', 'Dakhal Satwa Bisista' or 'Dakhal Satwa Sunya' during
settlement proceeding in the undivided districts of Puri, Cuttack and
Balasore should be recorded under 'Stithiban' status. Thus, in para-
23 of the Guidelines, it is stated in clear terms that if the lands are
settled under the provisions of the Odisha Tenancy Act, 1913 under
'Bajyapti Stitiban', 'Dakhal Satwa Bisista' or 'Dakhal Satwa
Sunya' status should be recorded under the 'Raiyati' status, as
alleged in the counter affidavit and submitted by Mr. Mishra,
learned ASC. On a close reading of the aforesaid Guidelines, it
clearly emanates that during settlement operation, if a land has been
recorded under 'Bajyapti Stitiban', 'Dakhal Satwa Bisista' or
'Dakhal Satwa Sunya' status, the same should be recorded under
'Stithiban' status in undivided districts of Puri, Cuttack and
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 03-May-2025 13:58:48
Balasore. In rest of the areas of State of Odisha, it should be
recorded under 'Raiyati' status. Nowhere in the said Guidelines, it
is stated that if the land is settled under Odisha Tenancy Act, 1913
under 'Bajyapti Stitiban'/'Dakhal Satwa Bisista'/'Dakhal Satwa
Sunya' status, then it will be recorded under 'Stithiban' status. It
appears that the Tahasildar, Bhubaneswar has misread the
instructions imparted at para-23 of the Guidelines.
11. No doubt, Odisha Tenancy Act, 1913 has been referred to
in the said Guidelines. But the Guidelines does not speak of change
of status of the land to 'stithiban' status, only when the tenants of
aforesaid three categories, namely, 'Bajyapti Stithiban'/'Dakhal
Satwa Bisista'/'Dakhal Satwa Sunya' are settled under the
provisions of the Odisha Tenancy Act, 1913.
12. Undoubtedly, the case land was a piece of Government
land before it was settled with Dhadu Nayak in WL Case No.236 of
1975. But, on a close reading of the Guidelines, it is clear that the
same was issued in terms of Memo No.29854 dated 25th June,
1990, which deals with recording of the Government land. While
issuing such guidelines to record the Government land, different
provisions have been made in the said Guidelines. Para-23 deals
with recording of the land under 'Stithiban' status, which were
under 'Bajyapti Stitiban', 'Dakhal Satwa Bisista' or 'Dakhal Satwa
Sunya' status during settlement operation in undivided districts of
Puri, Cuttack and Balasore. There is no denial in the counter
affidavit that the case land was not recorded under 'Dakhal Satwa
Sunya' status during settlement operation in the district of Puri. In
addition to the above, Revenue and Disaster Management
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 03-May-2025 13:58:48
Department in its letter under Annexure-6 has categorically
observed that despite clear instructions of the Government, it is
noticed that in several tahasils, certain lands continued to be
recorded in 'Dakhal Satwa Bisista' or 'Dakhal Satwa Sunya' status
and the Tahasildars are neither correcting the record on institution
of suo motu cases nor disposing of the petitions filed by the Raiyats
to record such land under 'stithiban' status. It is further clarified
that the Government on recommendation of the Board of Revenue
is planning to rationalize the status and kisam of land in the new
scheme. Thus, all lands recorded as 'Bajyapti Stithiban', 'Dakhal
Satwa Bisista' or 'Dakhal Satwa Sunya' should be recorded in
'stithiban' status. Accordingly, it was advised therein that all
Collectors should issue suitable instructions to the field officers
more particularly Tahasildars for proper recording of the land in the
light of the instructions issued by the Revenue and Disaster
Management Department issued letter No.47582 dated 12th
October, 1990. As such, this Court finds no impediment on the part
of the Tahasildar, Bhubaneswar to change the entry at Column-3 of
the ROR with regard to status of the case land from 'Bajyapti
Stitiban'/ 'Dakhal Satwa Bisista'/ 'Dakhal Satwa Sunya' wherever it
appears to 'stithiban' status in the undivided district of Puri,
including the case land, which is under Tahasildar, Bhubaneswar.
13. Instructions in that regard should also be issued by the
Revenue and Disaster Management Department to all Tahasildars
of State of Odisha to act upon accordingly and to change the entry
at Column-3 of ROR from 'Bajyapti Stitiban' /'Dakhal Satwa
Bisista' / 'Dakhal Satwa Sunya' status to 'stithiban' status in the
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 03-May-2025 13:58:48
undivided districts of Cuttack, Puri and Balasore and in all other
areas of State of Odisha to 'Raiyati' status.
14. Hence, the Tahasildar, Bhubaneswar-Opposite Party No.2
is directed to record the case land under 'Stithiban' status by
changing the entry in the status of the case land from 'Dakhal
Satwa Sunya' to 'Stithiban' status as expeditiously as possible
preferably within three months from the date of production of
certified copy of this order.
15. The writ petition is allowed to the aforesaid extent. In the
facts and circumstances, there shall be no order as to costs.
Issue urgent certified copy of the judgment on proper
application.
(K.R. Mohapatra)
Judge
Orissa High Court
Date the 2nd day of May, 2025/s.s.satapathy
