Orissa High Court
Pitabasa Swain And Others vs State Of Odisha And Others .... Opposite ... on 25 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.25090 of 2025
(An application under Article 226 and 227 of the Constitution of India, 1950)
Pitabasa Swain and others .... Petitioners
-versus-
State of Odisha and others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioners - Mr. P.K. Rath-1,
Advocate.
For Opposite Parties- Mr. G. Mohanty,
Learned Sanding Counsel
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :25.11.2025 :: Date of Judgment :25.11.2025
A.C. Behera, J. This writ petition has been filed by the petitioners
under Articles 226 and 227 of the Constitution of India,
1950 praying for quashing of the impugned order dated
05.10.2024 passed in OSS Case No.1691 of 2017 under
Section 15(b) of the OSS Act, 1958 by the Additional
Commissioner, Additional Revision Court No.I under
Member, Board of Revenue, Odisha, Cuttack(Opposite Party
No.2).
Page 1 of 6
2. The reasons for filing of this writ petition by the
petitioners challenging the order vide dated
05.10.2024
(Annexure-1) that, they(petitioners) were the
petitioners in the Revision vide OSS Case No.1691 of 2017
under Section 15(b) of the OSS Act, 1958 before the
Additional Commissioner, Additional Revision Court No.I
under Member, Board of Revenue, Odisha,
Cuttack(Opposite Party No.2). The said OSS Case No.1691
of 2017 was dismissed by the Additional Commissioner,
Additional Revision Court No.I under Member, Board of
Revenue, Odisha, Cuttack(Opposite Party No.2) on dated
05.10.2024(Annexure-1) on the ground that, the petitioners
did not file required documents, showing the flow of tile of
the case land in their favour. For which, the petitioners filed
this writ petition challenging the impugned order.
3. Heard from the learned counsel for the petitioners and
learned Standing Counsel for the State.
4. During the course of hearing of this writ petition,
learned counsel for the petitioners submitted that,
they(petitioners) are armed with all the documents of the
case land in their favour in respect of the flow of title thereof
in their favour. The petitioners are the eagerly interested for
participating in the hearing of the Revision vide OSS Case
No.1691 of 2017, if the said Revision vide OSS Case
No.1691 of 2017 shall be remitted back to the Additional
Commissioner, Additional Revision Court No.I under
Member, Board of Revenue, Odisha, Cuttack(Opposite Party
No.2) after quashing(setting aside) the impugned order for
deciding the same afresh.
5. It is settled propositions of law that,
"the rights of the parties are to be adjudicated/decided upon
the merits of controversies between them. Any party should
not be thrown out merely on technicalities. The, Law Courts
will lose their efficacy, if they cannot possibly respond to the
needs of the societies. Technicalities their might be many, but,
the justice oriented approach ought not to be thwarted on the
basis of such technicality, since technicality cannot and ought
not to outweigh the course of justice. So, law courts should
always be in favour of giving opportunity to the parties to meet
their case on merits instead of debarring them to adjudicate
their rights on technical grounds."
The above propositions of law has already been
clarified by the Hon'ble Courts and Apex Court in the ratio
of the following decisions:-
(i) IV (2005) C.L.T. 347 (Madras):Yanaimal Thottam
Trust Vrs. B.Lakshmanan & Another--Courts would
always be in favour of substantial justice rather than
technicalities. (Para 5)
(ii) 2001 (8) SCC 151 : M.S. Grewal & Another Vrs.
Deep Chand Sood & Others--(Para 28)--Law Courts
will lose their efficacy, if they cannot possibly respond to
the need of the society. Technicalities their might be
many, but, the justice oriented approach ought not to be
thwarted on the basis of such technicality, since the
technicality cannot and ought not to outweigh the course
of justice.
6. Here, in this matter at hand, when the petitioners are
eagerly interested for the disposal of the revision vide OSS
Case No.1691 of 2017 on merit, if the impugned order will
be set aside and opportunity will be given to
them(petitioners) for filing of all documents of the case land
in their favour relating to the flow of title.
7. When, the impugned has been passed by the
Additional Commissioner, Additional Revision Court No.I
under Member, Board of Revenue, Odisha,
Cuttack(Opposite Party No.2) only on technical ground, i.e.,
for non-filing of documents showing the flow of title, then at
this juncture, by applying the principles of law enunciated
in the ratio of the aforesaid decisions, it is felt proper to
remand the revision vide OSS Case No.1691 of 2017 to the
Opposite Party No.2 for deciding the same afresh after
setting aside the impugned order for providing opportunity
to the petitioners for participating in the hearing of the
revision vide OSS Case No.1691 of 2017 and to file the
required documents in respect of flow of title of the case
land in their favour.
8. Therefore, this writ petition filed by the petitioners is
allowed in part.
The impugned order dated 05.10.2020(Annexure-1)
passed in revision vide OSS Case No.1691 of 2017 is
quashed and the matter vide OSS Case No.1691 of 2017 is
remitted back to the Additional Commissioner, Additional
Revision Court No.I under Member, Board of Revenue,
Odisha, Cuttack(Opposite Party No.2).
The parties to this writ petition are directed to appear
before the learned Additional Commissioner, Additional
Revision Court No.I under Member, Board of Revenue,
Odisha, Cuttack(Opposite Party No.2) vide OSS Case
No.1691 of 2017 on dated 10.12.2025 for the purpose of
receiving the directions of the learned Additional
Commissioner, Additional Revision Court No.I under
Member, Board of Revenue, Odisha, Cuttack(Opposite Party
No.2) as to the further proceedings of revision vide OSS
Case No.1691 of 2017 on the basis of the directions given in
this judgment.
9. As such, with the aforesaid observations, this writ
petition filed by the petitioners is disposed of finally.
(A.C. Behera),
Judge
Orissa High Court, Cuttack
The 25th of November, 2025/ Jagabandhu, P.A.
Designation: Personal Assistant
