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Orissa High Court
Rama Chandra Padhi vs State Of Odisha & Others on 29 November, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.31386 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Rama Chandra Padhi
... Petitioner.
-VERSUS-
State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. D.K. Behera, Advocate
For the Opposite Parties : Mr. S. Nayak, Addl. Standing Counsel.
(For the State)
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 29.11.2025 :: Date of Judgment :29.11.2025
J UDGMENT
ANANDA CHANDRA BEHERA, J.--
1. 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 21.11.2024 passed
in S.R.P. No.775 of 2018 by the Addl. Commissioner of
Settlement and Consolidation, Berhampur-II, Ganjam (Opp.
Party No.2).
2. Heard from the learned counsel for the petitioner and the
learned Addl. Standing Counsel for the State-Opp. Parties.
3. During the course of hearing, the learned counsel for the
petitioner submitted that, the case land was settled in the
name of the petitioner by the Tahasildar, Ganjam in L.E.A.
Case No.60/1962 and the petitioner had filed the order of
Settlement of the case land in his favour passed in LEA Case
No.60 of 1962 before the Opp. Party No.2, but the Opp. Party
No.2 passed the impugned order against him (petitioner)
without taking the order of settlement of the case land passed
in LEA Case No.60 of 1962 in favour of the petitioner into
account.
4. According to the learned counsel for the petitioner, had
the said document i.e. the order of settlement of the case land
in favour of the petitioner passed in LEA Case No.60 of 1962
been taken into account by the Opp. Party No.2, the
impugned order would not have been passed against him
(petitioner). For which, the learned counsel for the petitioner
submitted for remanding the matter vide S.R.P. No.775 of
2018 to the Opp. Party No.2 in order to decide the same
afresh after taking into account to the order of settlement of
the case land passed by the Tahasildar, Ganjam in favour of
the petitioner in LEA Case No.60 of 1962.
5. When it is the case of the petitioner that, the case land
was earlier settled by the Tahasildar, Ganjam in the name of
the petitioner in LEA Case No.60 of 1962 and when the Opp.
Party No.2 has not taken the order of settlement of the case
land in favour of the petitioner in LEA Case No.60 of 1962 into
account at the time of passing the impugned order, then, at
this juncture, in order to comply the principles of the natural
justice, it is felt proper to allow this writ petition filed by the
petitioner interfering with the impugned order dated
21.11.2024 passed in S.R.P. No.775 of 2018 by the Addl.
Commissioner of Settlement and Consolidation, Berhampur-II,
Ganjam (Opp. Party No.2) through this writ petition filed by
the petitioner for deciding the S.R.P. No.775 of 2018 afresh by
the Opp. Party No.2 after taking the settlement of the case
land in favour of the petitioner in L.E.A. No.60/1962 into
account.
6. As such, there is merit in the writ petition filed by the
petitioner. The same must succeed.
7. In result, the writ petition filed by the petitioner is
allowed.
The impugned order dated 21.11.2024 passed in S.R.P.
No.775 of 2018 by the Addl. Commissioner of Settlement and
Consolidation, Berhampur-II, Ganjam (Opp. Party No.2) is
quashed.
The matter vide S.R.P. No.775 of 2018 is remitted back
to the Addl. Commissioner of Settlement and Consolidation,
Berhampur-II, Ganjam (Opp. Party No.2) for deciding the
same afresh as per law after taking into account to the order
of settlement of the case land passed by the Tahasildar,
Ganjam in L.E.A. Case No.60/1962 and after giving
opportunity of being heard to the petitioner and others, if any
within a period of two months from the date of filing of the
certified copy of this Judgment by the petitioner before the
Opp. Party No.2.
8. As such, this writ petition filed by the petitioner is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 29 .11. 2025// Rati Ranjan Nayak
Sr. Stenographer
