Orissa High Court
*** vs State Of Odisha & Others on 22 September, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.25715 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Smt. Renubala Biswal
... Petitioner.
-VERSUS-
State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. D. Mohapatra, Senior Advocate
Assisted by Mr. P.K. Singhdeo, Advocate.
For the Opposite Parties : Mr. S. Nayak, Addl. Standing Counsel.
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 22.09.2025 :: Date of Judgment : 22.09.2025
J UDGMENT
ANANDA CHANDRA BEHERA, J.--
1. This writ petition under Article 226 and 227 of the
Constitution of India, 1950 has been filed by the petitioner
praying for quashing the impugned order dated 15.03.2024
(Annexure-7) passed in Misc. Case No.270 of 2023 by the
Assistant Settlement Officer, Rental Colony, Bhubaneswar
(Opp. Party No.4).
2. Heard from the learned Senior Counsel for the petitioner
and the learned Addl. Standing Counsel for the State.
3. The factual backgrounds of this writ petition which
prompted the petitioner for filing of the same is that, as per
the directions given by this Court in the final order dated
24.01.2023 passed in WPC No.2231 of 2014, the petitioner
approached the Assistant Settlement Officer, Rental Colony,
Bhubaneswar office at Cuttack (Opp. Party No.4) for recording
the case land in her name.
Because, in the said final order dated 24.01.2023 passed
in WP(C) No.2231 of 2014, this Court had directed to the
Assistant Settlement Officer, Rental Colony, Bhubaneswar
office at Cuttack (Opp. Party No.4) to record the case land in
the name of the petitioner in accordance with law within a
period of 8 weeks from the date of such order, because, the
entry made in the Final R.o.R of the case land in the name of
Government was cancelled by the said order and direction was
given to the Assistant Settlement Officer, Rental Colony,
Bhubaneswar (Opp. Party No.4) to proceed to record the case
land in favour of the petitioner stating that, "the said
directions will be carried out within the period of 4 months from
the date of said order clarifying that, the said order will not
prevent the Government from exercising powers under Section
3-B of the OGLS Act, 1962 in accordance with law."
4. On the basis of the said final order dated 24.01.2023
passed in WP(C) No.2231 of 2014, the Assistant Settlement
Officer, Rental Colony, Bhubaneswar office at Cuttack (Opp.
Party No.4) disposed of the Misc. Case No.270 of 2023 on
dated 15.03.2024 forwarding the matter to the Tahasildar,
Bhubaneswar for examination of the aspects of the lease land
stating that, the Tahasildar shall keep in mind of the terms of
directions of the High Court while adjudicating the fact in
issue.
5. The above order dated 24.01.2023 of this Court in WP(C)
No.2231 of 2014 is clearly and unambiguously going to show
that, directions were given to the Assistant Settlement Officer,
Rental Colony, Bhubaneswar office at Cuttack (Opp. Party
No.4) to record the case land in favour of the petitioner giving
liberty to the Government for exercising its power under
Section 3-B of the OGLS Act, 1962 in accordance with law.
Whereas, the Assistant Settlement Officer, Rental
Colony, Bhubaneswar office at Cuttack (Opp. Party No.4)
instead of implementing the above directions of this Court
given in the order dated 24.01.2023 passed in WP(C) No.2231
of 2014 for recording of the case land in favour of the
petitioner, the Assistant Settlement Officer, Rental Colony,
Bhubaneswar office at Cuttack (Opp. Party No.4) forwarded
the matter to the Tahasildar for the purposes as stated above,
those are otherwise than the directions of this Court in WP(C)
No.2231 of 2014.
For which, the impugned order dated 15.03.2024
(Annexure-7) passed by the Assistant Settlement Officer,
Rental Colony, Bhubaneswar office at Cuttack (Opp. Party
No.4) is not in conformity with the directions given in WP(C)
No.2231 of 2014 on dated 24.01.2023 by this Court.
6. When the order dated 15.03.2024 passed in Misc. Case
No.270 of 2023 by the Assistant Settlement Officer, Rental
Colony, Bhubaneswar office at Cuttack (Opp. Party No.4) is
not inconfirmity with the directions given by this Court in the
order dated 24.01.2023 passed in WP(C) No.2231 of 2014,
then, at this juncture, the said impugned order dated
15.03.2024 (Annexure-7) passed in Misc. Case No.270 of 2023
by the Assistant Settlement Officer, Rental Colony,
Bhubaneswar office at Cuttack (Opp. Party No.4) cannot be
sustainable under law.
Because, as per the above directions given by this Court
on dated 24.01.2023 in WP(C) No.2231 of 2014, there was no
other option with the Assistant Settlement Officer, Rental
Colony, Bhubaneswar office at Cuttack (Opp. Party No.4) but
to record the case land in the name of the petitioner, as, in
that order, this Court had given liberty to the Government for
initiation of a proceeding under Section 3-B of the OGLS Act,
1962, but liberty was not given to the ASO (Opp. Party No.4)
to forward the matter to the Tahasildar.
For which, the impugned order dated 15.03.2024
(Annexure-7) passed in Misc. Case No.270 of 2023 by the
Opp. Party No.4 is liable to be quashed.
7. During the course of hearing, the learned Senior Counsel
for the petitioner submitted that, the final publication of the
R.o.R in respect of Mouza of the case land i.e. in respect of
Mouza-Andhrua has already been completed. For which, the
finally published R.o.R and Map in respect of the case land
are presently available with the Tahasildar, Bhubaneswar and
after final publication of the R.o.Rs, the camp of ASO has been
abolished.
8. When it is the submissions of the learned counsels of
both the sides that, the final publication of the R.o.R in
respect of the Mouza of the case land has already been
completed, then, as per Rule 55(4) of the Orissa Survey &
Settlement Rules, 1962 after publication of the final R.o.R and
Map by the Settlement Authorities, the copy of the Map and
record of rights thereof shall remain in the custody of the
Tahasildar.
9. For which, by taking the aforesaid submissions of the
learned counsels of both the sides into account, it is held that,
the ends of justice shall bestly be served, if liberty will be
given to the petitioner to approach the Tahasildar,
Bhubaneswar for making an application praying for recording
the case land in her name on the basis of the directions given
by this High Court in the Order dated 24.01.2023 passed in
WP(C) No.2231 of 2014.
10. In case of filing of such application annexing the certified
copy of this Judgment, the Tahasildar, Bhubaneswar shall
dispose of the same as per law after giving opportunity of
being heard to the petitioner and others, if any, complying the
principles of natural justice as expeditiously as possible.
11. Therefore, there is merit in the writ petition filed by the
petitioner. The same is to be allowed.
12. In result, the writ petition filed by the petitioner is
allowed.
13. The impugned order dated 15.03.2024 passed in Misc.
Case No.270 of 2023 by the Assistant Settlement Officer,
Rental Colony, Bhubaneswar office at Cuttack (Opp. Party
No.4) is quashed giving liberty to the petitioner to approach
the Tahasildar making an application annexing the certified
copy of this Judgment praying for recording the case land in
her name on the basis of the directions given by this High
Court in the Order dated 24.01.2023 passed in WP(C)
No.2231 of 2014.
14. As such, the writ petition filed by the petitioner is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 22 .09. 2025// Rati Ranjan Nayak
Sr. Stenographer
Location: High Court of Orissa, Cuttack, India.
