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Orissa High Court
Kishore Chandra vs Hara Narayan .... Opposite Parties on 21 April, 2026
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No. 114 of 2026
Kishore Chandra .... Petitioner
Samantaray
Mr. Debkant Mohanty, Advocate
-versus-
Hara Narayan .... Opposite Parties
Samantaray and others
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
22.04.2026
Order No. (Hybrid Mode)
01.
1. Heard learned counsel for the petitioner.
2. It is submitted that C.S. No. 207 of 2026 is pending
before learned Civil Judge (Senior Division), 1st Court,
Cuttack. It is further submitted that C.S. No. 113 of 2017
and C.S. No.634 of 2013 are pending before learned Civil
Judge (Senior Division), LR & LTV, Bhubaneswar.
Learned counsel for the petitioner refers to the
schedule of properties mentioned in the suit to submit
that the properties involved in all the three suits are same
although the suit pending in Cuttack payer is for partition
and one of the suit pending at Bhubaneswar is seeking
declaratory relief.
3. Accordingly it is submitted that suits should be
tried at one place and the suit in Bhubaneswar being the
older, the learned Judge at Bhubaneswar should try all
the suits.
4. Issue notice along with this order.
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ssThough the matter was listed for fresh admission on
6.4.2026 it was not heard being adjourned by the learned
advocate on record for the petitioner to obtain instruction.
Learned ASC also had adjournment to obtain
instruction.
5. Learned senior advocate for the petitioner refers to
the earlier order passed by the Division Bench dated
24.01.2024 in W.P.(C) No. 1306 of 2024, copy of which
has been annexed to the present application marked as
Annexure-1. The learned senior advocate refers to the
operative portion of the order paragraph-7, page-26 which
is quoted herein :
"While disposing of the writ petition, this Court
passed order, as mentioned above, directing the
authority to consider the representation of the
petitioner in accordance with law. In accordance with
law means, the Collector has to consider the
representation of the petitioner adhering the rules
contained under the OMMC Rules. But, without
adhering the rules, the order dated 23.08.2023 so
passed by the Collector under Annexure-13, cannot be
sustained in the eye of law and is liable to be quashed
and is hereby quashed. The matter is remitted to the
Collector, Keonjhar to reconsider the grievance made
by the petitioner under Annexure-9 taking into account
the provisions contained under Rule 8(4) read with
Rule-64 of the OMMC Rules and pass a reasoned and
speaking order by affording opportunity of hearing to
the parties within a period of two months from the
date of production of certified copy of this order."
6. It is submitted that pursuant to the said order by
the Division Bench the Collector, Keonjhar has taken up
the matter and after hearing the parties by order dated
21.08.2024, he has passed the following order with
direction to the Tahsildar; operative portion thereof is
reproduced herein (page-29 of W.P.) :
WHEREAS, Tahasildar, Champua has further
submitted that Durukulia Stone Quarry was granted on
lease in favour of the writ petitioner for a period of five
years which expired on 07.06.2021 and this quarry has
already been extincted in the meanwhile. Therefore Rule
8 of OMMC Rules, 2016 read with Rule 64 of OMMC
Rules is not applicable in this particular case to consider
the grievance of the petitioner vide Annexure-9 for
further extension of lease period. The second part of the
case of the petitioner is to refund the royalty, surface
rent & fees, paid by the petitioner in the instant of non
extension of the lease period of the quarry. The
Tahasildar, Champua is directed to re-examine the
issues of payment particulars and amount due for
payment afresh and take appropriate steps for refund of
excess amount, if paid in excess by the petitioner and
further directed to take steps realize the amount due if
any by the petitioner in this case.
In the manner Annexure-9 of the writ petition
No.1306/2024 is disposed of.
Intimate all concerned accordingly."
7. It is submitted by the learned senior advocate
upon instruction that pursuant to the order of the
Collector in compliance of the order of the Division Bench
in the writ application, there has been no further
proceeding before the authority, i.e., Tahsildar, Champua
for determination of the amount that may be due to the
State or that may be receivable by the petitioner.
The petitioner was lease holder for the Durukulia
Stone Quarry under the Champua Tahsil which was the
subject-matter before the Division Bench as well as the
adjudication by the Collector as directed by this Court.
It is submitted that without determining the
amount due in any manner and without giving any
opportunity of hearing, the authorities have initiated
proceeding under the provision of Odisha Public Demand
Recovery Act (OPDR) Act, 1962 which is pending
adjudication before Sub-Collector, Champua he being the
authority defined under the said statute.
8. Issue notice along with this order.
9. Learned AGA upon advance copy served appears
and waives notice on behalf of the opposite parties.
It is submitted by learned AGA in response that he
has to obtain instruction and file affidavit regarding the
averments made in the writ petition and also the
submissions made by the learned senior advocate for the
petitioner.
10. Accordingly counter affidavit on behalf of the
opposite parties being filed within six weeks upon serving
copy thereof on the learned counsel for the petitioner.
11. Heard learned senior advocate for the petitioner.
He reiterates his submissions as noted above.
12. Issue notice as above.
Learned AGA upon advance copy served appears
and waives notice on behalf of the opposite parties. He
shall obtain instruction and file counter if so advised.
13. As an interim measure, it is directed the proceeding
under Annexure-3 pending before the Sub-
Collector, Champua shall be adjourned beyond
13.07.2026 to a date as would be convenient to officer
upon a prayer being made for the said purpose.
14. The matter shall be listed in the week commencing
6.7.2026 for orders.
The records of the disposed of W.P.(C) No.1306 of
2024 shall be placed for reference.
(Mruganka Sekhar Sahoo)
Judge
dutta
