Orissa High Court
Maitrijit Mohanty vs State Of Odisha & Others ........... ... on 2 September, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No. 20388 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
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Maitrijit Mohanty ............. Petitioner
-VERSUS-
State of Odisha & Others ........... Opposite Parties
Counsel appeared for the parties:
For the Petitioner : Mr. P.K. Satapathy, Advocate.
For the Opposite Parties : Mr. T. Kumar, ASC.
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing: 02.09.2025 :: Date of Judgment : 02.09.2025
J UDGMENT
ANANDA CHANDRA BEHERA, J.--
1. This writ petition under Articles 226 and 227 of the
Constitution of India, 1950 has been filed by the Petitioner
challenging the order dated 26.11.2021 passed in Misc. Case
No.143 of 2019 by the A.S.O, Rental Colony, BBSR, Major
Settlement, Jobra, Cuttack.
2. I have already heard from the learned counsel for the
Petitioner and the learned Addl. Standing Counsel for the State-
Opp. Parties.
3. It is fairly submitted by the learned counsel for the
petitioner that, in the meantime, the settlement operation has
already been over and final R.o.R has already been distributed in
respect of Mouza of the case land i.e. in respect of Mouza-
Andharua.
4. As per Rule 55 (4) of the Orissa Survey and Settlement
Rules, 1962, after final publication of the Record of Rights on
completion of the settlement operation, the copy of the maps and
Record of Rights finally published under Sub-Rule 1 of Rule 55
shall remain in the custody of the Tahasildar.
5. So, in view of the aforesaid provisions of law envisaged in
Rule 55, Sub-clause 4 of the Orissa Survey and Settlement Rules,
1962, due to the final publication of the R.o.R in respect of
Mouza of the case land i.e. in respect of Mouza-Andharua, all the
finally published Record of Rights and Maps are in the custody of
the Tahasildar, Bhubaneswar at present.
The impugned order was passed by the A.S.O, Rental
Colony, BBSR, Major Settlement, Jobra, Cuttack in Misc. Case
No.143 of 2019 in dismissing the same, only on the ground of the
default of the petitioner in appearing before the A.S.O, Rental
Colony, BBSR, Major Settlement, Jobra, Cuttack and so also, on
the ground of non-filing of the necessary documents in respect of
his case land.
6. It is the submission of the learned counsel for the petitioner
that, had the petitioner been filed the documents in support of
his case before the A.S.O, Rental Colony, BBSR, Major
Settlement, Jobra, Cuttack, then, the order must have been
passed for recording the case land in his favour.
7. It is very fundamental in civil law that, when courses of
substantial justice and the law of technicalities are pitted against
each other, the courses of substantial justice deserves to be
preferred.
Any Court should not dismiss any application of the
petitioner on any technical ground i.e. only for any minor
lapses/latches of the petitioner.
The law has also been settled that, it is the duty of every
Court to take its best endeavor to dispose of a case on merit by
giving opportunity of being heard to the parties for no other
reason, but only in order to avoid the multiplicity of litigations
between the parties.
8. Here in this matter at hand, the petitioner is eagerly
interested to submit the documents in his favour before the
appropriate authority in respect of the case land for recording of
the same in his name, as there are ample documents in his
favour to substantiate his claim for recording the case land in his
name.
9. So, by taking the aforesaid principles of law into account, it
is felt proper to dispose of the writ petition finally giving liberty to
the petitioner to approach the Tahasildar, Bhubaneswar (who is
the present custodian of all the Record of Rights after final
publication of R.o.R) by filing an appropriate application annexing
the certified copy of this Judgment praying for recording of the
case land in his name.
10. In case of filing such application, the Tahasildar,
Bhubaneswar shall entertain the same and shall dispose of the
same as per law without being influenced in any manner by the
observations made by the A.S.O, Rental Colony, BBSR, Major
Settlement, Jobra, Cuttack in Misc. Case No.143 of 2019.
11. As such, this writ petition filed by the petitioner is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
02.09.2025// Rati Ranjan
Sr. Stenographer
Location: High Court of Orissa,
