Golak Chandra Behera vs State Of Odisha And Others .... Opp. ...
2025 Latest Caselaw 10042 Ori

Orissa High Court

Golak Chandra Behera vs State Of Odisha And Others .... Opp. ... on 14 November, 2025

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                         W.P.(C) No.31212 of 2025

             (An application under Article 226 and 227 of the Constitution

       of India, 1950)


           Golak Chandra Behera                 ....        Petitioner
                                     -versus-
           State of Odisha and others           ....    Opp. Parties


                Appeared in this case by Hybrid Arrangement
                          (Virtual/Physical Mode):
                   For Petitioner -       Mr. A. C. Panda,
                                          Advocate.

                   For Opposite Parties-        Mr. G. Mohanty,
                                                Learned Sanding Counsel

                   CORAM:
                   HON'BLE MR. JUSTICE A.C.BEHERA

Date of Hearing :14.11.2025 :: Date of Judgment :14.11.2025

A.C. Behera, J. This writ petition has been filed by the petitioner

under Articles 226 and 227 of the Constitution of India,

1950 praying for quashing the impugned order dated

12.07.2022(Annexure-4) passed in Misc. Case No.37 of

2019 by the Assistant Settlement Officer, Rental Colony,

Bhubaneswar (Opposite Party No.2).

2. Heard from the learned counsel for the petitioner and

learned Standing Counsel for the State.

3. Learned counsels of both the sides submitted that, the

case land is situated in Mouza-Sampur in respect of which,

the settlement operation is going on.

As per Section 22(2) of the Orissa Survey and

Settlement Act, 1958, the order passed by the Assistant

Settlement Officer, Rental Colony, Bhubaneswar (Opposite

Party No.2) like the impugned order is assailable before the

appellate authority, i.e., before the Settlement Officer.

4. When the statutory appellate forum is available for the

petitioner to challenge the impugned order passed in Misc.

Case No.37 of 2019 by the Assistant Settlement Officer by

preferring an appeal under Section 22(2) of the Orissa

Survey and Settlement Act, 1958, then at this juncture, this

writ petition filed by the petitioner challenging the same is

not entertainable under law.

Therefore, the ends of justice shall be bestly served, if

this writ petition filed by the petitioner shall be disposed of

finally giving liberty to the petitioner to prefer an appeal

before the Settlement Officer at Jobra, Cuttack under

Section 22(2) of the Orissa Survey and Settlement Act, 1958

challenging the impugned order passed in Misc. Case No.37

of 2019 by the Assistant Settlement Officer and in case of

preferring an appeal before the Settlement Officer by the

petitioner, the appellate authority shall entertain and

dispose of the same as per law.

5. As such, with the aforesaid observations, this writ

petition filed by the petitioner is disposed of finally.

(A.C. Behera), Judge Orissa High Court, Cuttack The 14th of November, 2025/ Jagabandhu, P.A.

Designation: Personal Assistant