Orissa High Court
Hari Behera And Others vs Collector on 8 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13999 of 2025
(An application under Article 226 and 227 of the Constitution of India, 1950)
Hari Behera and Others .... Petitioners
-versus-
Collector, Khurda and others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioners - Mr. Ashok Kumar Panigrahi,
Advocate.
For Opposite Parties- Smt. J. Sahoo,
Addl. Standing Counsel.
(for O.P. Nos.1 to 3)
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :08.09.2025 :: Date of Judgment :08.09.2025
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 28.10.2024 (Annexure-2)
passed by the Addl. Commissioner, Addl. Revisional Court No.II,
Bhubaneswar in R.P. Case No.1452 of 2014.
2. Heard from the learned counsel for the petitioners and learned ASC
for the State (O.P. Nos.1 to 3).
3. During the course of hearing, learned counsel for the petitioners
drew the attention of this Court to the impugned order dated 28.10.2024
(Annexure-2) passed in R.P. Case No.1452 of 2014 and contended that,
the said order has been passed for rejection of R.P. Case No.1452 of 2014
filed by the petitioners "on the ground of non-filing of the documents
concerning sabik Hal comparison, flow of title and documents relating to
possession.
The learned ASC for the State argued in support of the impugned
order contending that, the impugned order is neither illegal nor
unreasonable.
4. The required documents relating to comparison of sabik and Hal
records and documents relating to possession are available in the
settlement office of the Addl. Commissioner, as their office is the
custodian of such records. For which, the said documents could have
been called for by the Addl. Commissioner for perusal and disposal of
R.P. No.1452 of 2014 instead of blaming to the petitioners for non-
production of the same.
On this aspect, the propositions of law has already
been clarified in a case between Gajendra Prasad
Das Vrs. State of Orissa and Others reported in 2016 (2)
O.J.R. (265) that, if the petitioner has not produced the non-
availability certificate, it can be verified by the State
Government being the custodian of the Government
records, because, the State Authorities are the custodian of
the official records.
So, the impugned order of rejection to the R.P. Case No.1452 of
2014 on dated 28.10.2024 (Annexure-2) by the Addl. Commissioner,
Addl. Revisional Court No.II, Bhubaneswar under Member, Board of
Revenue, Odisha, Cuttack only on the ground of non-production of
documents by the petitioners cannot be sustainable under law. The same
is liable to be quashed.
5. So, there is merit in the writ petition filed by the petitioners. The
same must succeed.
6. In result, the writ petition filed by the petitioners is allowed.
The impugned order dated 28.10.2024 (Annexure-2) passed in R.P.
Case No.1452 of 2014 by the Addl. Commissioner, Addl. Revisional
Court No.II, Bhubaneswar under Member, Board of Revenue, Odisha,
Cuttack is quashed (set aside).
The matter, vide R.P. Case No.1452 of 2014 is remitted back
(remanded back) to the Addl. Commissioner, Addl. Revisional Court
No.II, Bhubaneswar under Member, Board of Revenue, Odisha, Cuttack
for deciding the same afresh as per law within two months from the date
of appearance of the petitioners in that R.P. Case No.1452 of 2014 as per
law after giving opportunity of being heard to the parties.
The petitioners are directed to appear before the Addl.
Commissioner, Addl. Revisional Court No.II, Bhubaneswar under
Member, Board of Revenue, Odisha, Cuttack in R.P. Case No.1452 of
2014 on dated 15.09.2025 for the purpose of receiving the directions of
the said Court as to further proceedings of that R.P. Case No.1452 of
2014.
7. As such, this writ petition filed by the petitioners is disposed of
finally.
(A.C. Behera),
Judge.
Orissa High Court, Cuttack.
08.09.2025//Utkalika Nayak//
Junior Stenographer
Location: High Court of Orissa, Cuttack, India.
