Orissa High Court
R. Surya Prakash Rao And Another vs State Of Odisha And Others .... Opposite ... on 31 October, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.36380 of 2023
(An application under Articles 226 and 227 of the Constitution of India, 1950)
R. Surya Prakash Rao and another .... Petitioners
-versus-
State of Odisha and Others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioners - Mr. B. Routray,
Sr. Advocate.
assisted by
Mr.J. Biswal,
Advocate.
For Opposite Parties- Mr. S. Nayak,
Addl. Standing Counsel.
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :27.10.2025 :: Date of Judgment :31.10.2025
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 impugned order dated 21.02.2023 (Annexure-
7) passed in OLR (Ceiling) Revision Case No.1 of 2022 {arising out of
OLR (Ceiling) Case No.175 of 1975} by the Additional District
Magistrate, Gajapati (O.P. No.3).
2. I have already heard from the learned senior counsel for the
petitioners and learned Additional Standing Counsel for the State.
Page 1 of 4
3. The W.P.(C) No.11931 of 2024 filed by the widow mother of the
petitioners challenging the order dated 11.01.2023 passed by the
Additional District Magistrate, Gajapati (O.P. No.3) arising out of the
same OLR (Ceiling) Case No.175 of 1975 was listed along with this writ
petition and the said W.P.(C) No.11931 of 2024 was heard on dated
27.10.2025
at the time of hearing of this writ petition and after conclusion
of hearing of both the writ petitions, the said W.P.(C) No.11931 of 2024
and this writ petition were kept reserved for judgment.
4. As per the judgment passed in W.P.(C) No.11931 of 2024, the
matter vide OLR (Ceiling) Revision Case No.1 of 2019 arising out of
OLR (Ceiling) Case No.175 of 1975 has been remanded back for its fresh
hearing along with the OLR Revision Case No.1 of 2022 (from which the
present writ petition has arisen) analogously assigning the reasons that,
"both the revision cases vide OLR (Ceiling) Revision Case
No.01 of 2019 & OLR (Ceiling) Revision Case No.01 of
2022 had arisen out of one ceiling case vide OLR (Ceiling)
Case No.175 of 1975."
5. So, in view of the aforesaid findings and observations made in
judgment passed in W.P.(C) No.11931 of 2024 by this Court, the
impugned order dated 21.02.2023 (Annexure-7) passed in OLR (Ceiling)
Revision Case No.1 of 2022 arising out of OLR (Ceiling) Case No.175 of
1975 by the Additional District Magistrate, Gajapati (O.P. No.3) is
required to be set aside and the OLR (Ceiling) Revision Case No.1 of
2022 is required to be remanded back for its hearing afresh by the
Additional District Magistrate, Gajapati (O.P. No.3) analogously with the
OLR (Ceiling) Revision Case No.1 of 2019 and to dispose of both the
revision cases vide OLR (Ceiling) Revision Case No.01 of 2019 & OLR
(Ceiling) Revision Case No.01 of 2022 analogously through a common
judgment for no other reason, but in order to have the just and proper
decision of both the revision cases in order to avoid the multiplicity of
litigations between the parties in future for the selfsame issues arising out
of one ceiling case vide OLR (Ceiling) Case No.175 of 1975.
6. Therefore, this writ petition filed by the petitioners is to be allowed
in part for the reasons assigned above.
7. In result, the writ petition filed by the petitioners is allowed in
part.
The impugned order dated 21.02.2023 (Annexure-7) passed in
OLR (Ceiling) Revision Case No.1 of 2022 {arising out of OLR (Ceiling)
Case No.175 of 1975} by the Additional District Magistrate, Gajapati
(O.P. No.3) is quashed (set aside).
The matter vide OLR (Ceiling) Revision Case No.01 of 2022 is
remitted back (remanded back) to the Additional District Magistrate,
Gajapati (O.P. No.3) to decide the same afresh as per law analogously
with OLR (Ceiling) Revision Case No.01 of 2019 after giving
opportunity of being heard to the parties thereof complying the principles
of natural justice as expeditiously as possible within a period of three
months from the date of appearance of the parties before the Additional
District Magistrate, Gajapati (O.P. No.3) in OLR (Ceiling) Revision Case
No.01 of 2022.
The parties in this writ petition are directed to appear before the
Additional District Magistrate, Gajapati (O.P. No.3) in OLR (Ceiling)
Revision Case No.01 of 2022 on 14.11.2025 for the purpose of receiving
the directions of the Additional District Magistrate, Gajapati (O.P. No.3)
as to further proceedings of the OLR (Ceiling) Revision Case No.01 of
2022.
8. As such, this writ petition filed by the petitioners is disposed of
finally.
(A.C. Behera),
Judge.
Orissa High Court, Cuttack.
31.10.2025//Utkalika Nayak//
Junior Stenographer
