[Cites 1, Cited by 0]
Orissa High Court
Sandhya Rani Biswal vs State Of Odisha And Another .... Opp. ... on 9 February, 2026
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 33116 of 2025
Sandhya Rani Biswal .... Petitioner
Represented by
Mr. B. Routray, Sr.
Advocate with Mr. J.
Biswal, Advocate
-Versus -
State of Odisha and another .... Opp. Parties
Represented by
Mr. J. Sahoo, ASC
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_
09.02.2026
Order No.
3. 1. This matter is taken up through hybrid mode.
2. The petitioner has approached this Court with the following
prayer:-
"It is therefore, most humbly prayed that this
Hon'ble Court be graciously pleased to:
i) Admit the writ application.
ii) Call for the record.
iii) Issue rule nisi calling upon the Opp. Parties more
particularly Opp. Party Nos. 2 and 4 to show cause as
to why the impugned order dated 04.10.2024 passed
in OSS Case No. 282 of 2024 under Annexure-8 and
order dated 28.12.2021 passed in Rent Objection
Case No. 7623 of 2013 under Annexure-6 shall not be
quashed.
iv) If the opp. Parties more particularly opp. Party
Nos. 2 and 4 fails to show cause or show insufficient
cause issue a writ in the nature of certiorari or any
other appropriate writ/writs, order/orders,
direction/directions by quashing the impugned order
dated 06.07.2024 under Annexure-6 passed in Misc.
Case No. 54 of 2024 (OSS-416/2015) and order dated
15.07.2013 passed in Suo Motu Objection Case No.
10280 of 2013 under Annexure-6.
v) Issue a writ in the nature of mandamus or any
other writ/writs, direction/directions directing the
Opp. Party No.5 to record the land situated in Plot
No. 4048, Khata No.2876, Mouza-Andharua, P.S.
Chandaka, Dist. Khordha comprising of area
Ac.0.150 decimals comprising to Khata No.621/89,
Hal Settlement Plot No.1814/3202 and accordingly
correct the ROR by deleting the name of the
Government by incorporating the name of petitioner
in stitiban status and the kisam of land as Baje Fasal
within a time frame to be stipulated by this Hon'ble
Court.
vi) And/or pass any other order/orders,
direction/directions as this Hon'ble Court deems fit
and proper for the ends of justice.
And for the said act of kindness, the petitioner
as in duty bound shall every pray."
3. It is submitted by Mr. B. Routray, learned Senior Counsel with
Mr. J. Biswal, learned counsel for the petitioner that despite to
direction of division Bench of this Court, no inquiry about the name
or examination of the relevant record was made resulting in passing
of the impugned order against the petitioner. Mr. Biswal further
submits that the present case is squarely covered by the ratio
decided by a coordinate Bench of this Court in the case of
Prashanta Kumar Sahu, vs. State of Odisha and Others
[W.P.(C) No. 18609 of 2025]
4. Mr. J. Sahoo, learned ASC fairly submits that the case of the
petitioner is in fact covered by the aforesaid judgment.
5. Perusal of the judgment, copy of which is enclosed as
Annexure-9 reveals that after considering the facts of the case in
detail and the settled position of law, the coordinate Bench, inter
alia, passed the following order:-
In result, the writ petition filed by the petitioner
is allowed on contest.
The impugned order dated 15.07.2013
(Annexure-4) passed in Suo Motu Objection Case
No.l0280 of 2013 by the Assistant Settlement Officer,
Rental Colony, Bhubaneswar (O.P. No.4) and the
impugned dated 06.07.2024 (Annexure-6) passed in
Misc. Case No.54 of 2024 (O.S.S. Case No.416 of 2015)
by the Addl. Commissioner-cum-Addl. Revision Court-
Ill, Bhubaneswar (O.P. No.2) are quashed.
As in the meantime, the final publication of the
R.o.R. and map by the Settlement Authorities in respect
of the Mouza of the case land has already been
completed, for which, the Tahasildar, Bhubaneswar
(O.P. No.5) is directed to prepare the R.o.R of the case
land on the basis of the sale deed dated 05.07.1996
(Annexure-2) and its trace map in respect of Ac. 0.055
decimals from Hal Plot No.4835 under Hal Khata
No.2876 corresponding to Plot No.2076/3263 under
Khata No.645/137 in the name of the petitioner
(Prashanta Kumar Sahu) correcting the kisam of the
same from jungle kisam to its kisam as per Jamabandi
Register vide Annexure-3."
6. In view of the submissions made by the counsel for the
parties, the writ application is disposed of by setting aside the order
under Annexures-8 and 6 any by remitting the matter to the
Additional Commissioner for hearing of the revision petition afresh
in light of the of ratio decided in the case of Prashanta Kumar
Sahu (supra), a decision be taken as early as possible, preferably
within three months from the date of production of certified copy of
this order by the petitioner.
(Sashikanta Mishra)
Judge
BC.TUDU
Signed by: BHIGAL CHANDRA TUDU
Location: Orissa High Court. Cuttack
Date: 10-Feb-2026 12:18:32
