[Cites 2, Cited by 0]
Orissa High Court
Swarnalata Biswal And Others vs Babuli Prusty & Others on 8 January, 2026
ORISSA HIGH COURT : CUTTACK
WP(C) No.23281 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Swarnalata Biswal and others
... Petitioners
-VERSUS-
Babuli Prusty & others
... Opposite Parties
Counsel appeared for the parties:
For the Petitioners : Mr. S.Das, Advocate
For the Opposite Parties :Mr.S.Nayak, ASC.
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 08.01.2026 :: Date of Judgment : 08.01.2026
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 petitioners
praying for quashing the impugned order dated 16.05.2025
(Annexure-9) passed in R.P. Case No.311/2014 under Section
15(b) of the O.S.S. Act, 1958 by the Addl. Commissioner, Addl.
Revision Court No.I, Bhubaneswar (O.P. No.4).
2. Heard from the learned counsel for the petitioners and
the learned Additional Standing Counsel for the State.
3. The factual backgrounds of this writ petition, which
promoted the petitioners for filing of the same is that, the R.P.
Case No.311/2014, which was filed by the Petitioners was
rejected by the Addl. Commissioner, Addl. Revision Court No.I,
Bhubaneswar (O.P. No.4) on dated 16.05.2025 (Annexure-9)
on the ground of non-submission of the Hal-Sabik index and
trace map in respect of the case land.
4. During the course of hearing of this writ petition, the
learned counsel for the petitioners drew the attention of this
Court to the certified copy of the report dated 05.01.2023 of
the Addl. Tahasildar, Bhubaneswar (which was obtained from
the records of R.P. Case No.311/2014).
5. It appears from the Annexure-8 that, the report dated
05.01.2023 of the Addl. Tahasildar, Bhubaneswar was
submitted before the O.P. No.4 in R.P. Case No.311/2014 as
per letter No.2618 stating about the Sabik-Hal
correspondences of the case land, but, still then, without
looking to the letter No.2618 dated 01.03.2023 vide
Annexure-8 and report dated 05.01.2023 of the Addl.
Tahasildar, Bhubaneswar in respect of the Sabik-Hal
correspondences of the case land, the O.P. No.4 rejected to the
R.P. Case No.311/2014 of the Petitioners blaming to the
Petitioners that, they (Petitioners) have not filed the Sabik-Hal
references of the case land, though, the Sabik-Hal references
of the case land was available in the records of R.P. Case
No.311/2014 and though, it was the duty of the Addl.
Commissioner, Addl. Revision Court No.I, Bhubaneswar (O.P.
No.4) to pass the final order in R.P. Case No.311/2014
referring the Sabik-Hal references available in the record
submitted by the Addl. Tahasildar, Bhubaneswar as per letter
No.2618 dated 01.03.2023, but, the O.P. No.4 has not done
so.
for which, the impugned order dated 16.05.2025
(Annexure-9) passed in R.P. Case No.311/2014 by the Addl.
Commissioner, Addl. Revision Court No.I, Bhubaneswar (O.P.
No.4) cannot be sustainable under law. The same is liable to
be quashed.
6. Therefore, there is merit in the writ petition filed by the
Petitioners. The same is to be allowed.
7. In result, the writ petition filed by the petitioners is
allowed.
8. The impugned order dated 16.05.2025 (Annexure-9)
passed in R.P. Case No.311/2014 by the Addl. Commissioner,
Addl. Revision Court No.I, Bhubaneswar (O.P. No.4) is
quashed/set aside.
The matter vide R.P. Case No.311/2014 is remitted back
to the Addl. Commissioner, Addl. Revision Court No.I,
Bhubaneswar (O.P. No.4) for deciding the same afresh as per
law after giving opportunity of being heard to the Parties
including the Petitioners and perusing the Sabik-Hal
references submitted by the Addl. Tahasildar, Bhubaneswar
as per letter No.2618 dated 01.03.2023 available in the record
as expeditiously as possible within a period of two months
from the date of appearance of the Petitioner before the O.P.
No.4.
9. The petitioners are directed to appear before the Addl.
Commissioner, Addl. Revision Court No.I, Bhubaneswar (O.P.
No.4) in R.P. Case No.311/2014 on dated 16.01.2026 and to
file the certified copy of this Judgment for the purpose of
receiving directions of Addl. Commissioner, Addl. Revision
Court No.I, Bhubaneswar (O.P. No.4) as to further proceeding
of the said R.P. Case No.311/2014.
10. As such, this writ petition filed by the petitioners is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
Digitally Signed High Court of Orissa, Cuttack
08 .01.
Signed by: BINAYAK 2026// Binayak Sahoo
SAHOO
Reason: Authentication
Jr. Stenographer
Location: High Court of Orissa, cuttack
Date: 09-Jan-2026 11:16:32
