[Cites 2, Cited by 0]
Orissa High Court
Tilottama Nayak And Others vs State Of Odisha And Others .... Opposite ... on 28 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.11775 of 2022
(An application under Article 226 and 227 of the Constitution of India, 1950)
Tilottama Nayak and Others .... Petitioners
-versus-
State of Odisha and Others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioners - Mr. B.K. Behera-1,
Advocate.
For Opposite Parties- Smt. J. Sahoo,
Addl. Standing Counsel.
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :28.11.2025 :: Date of Judgment :28.11.2025
A.C. Behera, J. This writ petition under Articles 226 and 227 of the
Constitution of India, 1950 has been filed by the petitioners praying for
quashing (setting aside) the final order dated 24.09.2019 (Annexure-3)
passed in Revision Petition No.222 of 2015 by the Commissioner, Land
Records & Settlement, Board of Revenue, Odisha, Cuttack.
2. Heard from the learned counsel for the petitioners and learned ASC
for the State.
3. The factual backgrounds of this writ petition, which prompted the
petitioners for filing of the same is that, they (petitioners) had filed
revision petition vide Revision Petition No.222 of 2015 under Section
15(b) of the O.S.S. Act, 1958 before the Commissioner, Land Records &
Settlement, Board of Revenue, Odisha, Cuttack praying for recording of
the case land in their favour on the basis of the judgment and decree
passed in a suit for partition vide C.S. No.141 of 2005 by the learned
Civil Judge (Jr. Division), Jajpur, but the Commissioner, Land Records &
Settlement, Board of Revenue, Odisha, Cuttack dismissed to the said
Revision Petition No.222 of 2015 of the petitioners on the ground of non-
filing of the certified copy of the final decree passed in the suit vide C.S.
No.141 of 2005.
4. During the course of hearing of the writ petition, learned counsel
for the petitioners submitted that, at present, he is armed with the certified
copy of the final decree passed in the suit vide C.S. No.141 of 2005 and
he can file the same before the Commissioner, Land Records &
Settlement, Board of Revenue, Odisha, Cuttack, if the matter vide
Revision Petition No.222 of 2015 shall be remanded to the
Commissioner, Land Records & Settlement, Board of Revenue, Odisha,
Cuttack for deciding the same afresh after setting aside the impugned
order dated 24.09.2019 (Annexure-3).
5. It is the 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."
6. When, the Revision Petition No.222 of 2015 of the petitioners has
been dismissed on a technical ground i.e. for non-submission of the
certified copy of the final decree passed in the suit vide C.S. No.141 of
2005 and when the petitioners are interested to submit the same before
the Commissioner, Land Records & Settlement, Board of Revenue,
Odisha, Cuttack, if the matter will be remanded for its fresh hearing and
when no party should be thrown out merely on technicality, as every case
is required to be decided on merit, then at this juncture, by applying the
above principles of law, I find no justification to disallow the writ petition
filed by the petitioners.
Therefore, the impugned order i.e. rejection to the Revision
Petition No.222 of 2015 of the petitioners passed on dated 24.09.2019
(Annexure-3) by the Commissioner, Land Records & Settlement, Board
of Revenue, Odisha, Cuttack is liable to be quashed.
7. As such, there is merit in the writ petition filed by the petitioners.
The same must succeed.
8. In result, the writ petition filed by the petitioners is allowed.
The impugned order dated 24.09.2019 (Annexure-3) passed in
Revision Petition No.222 of 2015 by the Commissioner, Land Records &
Settlement, Board of Revenue, Odisha, Cuttack is quashed (set aside).
The matter, vide Revision Petition No.222 of 2015 is remitted back
(remanded back) to the Commissioner, Land Records & Settlement,
Board of Revenue, Odisha, Cuttack for deciding the same afresh within
two months from the date of appearance of the petitioners in that
Revision Petition No.222 of 2015 as per law after giving opportunity to
the petitioners for filing of the certified copy of the final decree passed in
the suit vide C.S. No.141 of 2005 in respect of the case land along with
other documents in their favour as well as providing opportunity of
hearing to the petitioners and others, if any.
The petitioners are directed to appear before the Commissioner,
Land Records & Settlement, Board of Revenue, Odisha, Cuttack in
Revision Petition No.222 of 2015 on dated 08.12.2025 for filing of the
certified copy of this judgment and also for the purpose of receiving the
directions of the Commissioner, Land Records & Settlement, Board of
Revenue, Odisha, Cuttack as to the further proceedings of the Revision
Petition No.222 of 2015.
9. As such, this writ petition filed by the petitioners is disposed of
finally.
(A.C. Behera),
Judge.
Orissa High Court, Cuttack.
28.11.2025//Utkalika Nayak//
Junior Stenographer
