[Cites 2, Cited by 0]
Orissa High Court
Renubala Mishra And Others vs State Of Odisha And Another .... ... on 9 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.496 of 2026
(An application under Article 226 and 227 of the Constitution of India, 1950)
Renubala Mishra and Others .... Petitioners
-versus-
State of Odisha and another .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioners - Mr. B. S. Tripathy,
Sr.Advocate.
A. Tripathy,
Advocate.
For Opposite Parties- Mr. G. Mohanty,
Standing Counsel
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :09.01.2026 Date of Judgment :09.01.2026
A.C. Behera, J. This writ petition under Articles 226 & 227 of
the Constitution of India, 1950 has been filed by the petitioners praying
for quashing the correction of the SWATWA STATUS in the R.o.R. vide
Anenxure-5 of the case land, because SWATWA STATUS of the case
land, which was reflected in the R.o.R. vide Annexure-2 Series as
DAKHAL SWATWA SUNYA has been changed/corrected illegally to
PATTADAR preparing the new R.o.R. vide Annexure-5 through an order
passed in Revenue Misc. Case No.982 of 2025 by the Tahasildar, Jatni
(O.P. No.2) without giving any opportunity of being heard to the
Page 1 of 5
petitioners and without intimating the petitioners about such
change/correction.
2. I have already heard from the learned senior counsel for the
petitioners and learned SC for the State.
3. The factual backgrounds of the writ petition, which prompted the
petitioners for filing of the same is that, the case land was in the name of
one Sarat Chandra Mishra (predecessor of the petitioners) as per R.o.R.
vide Annexure-2 Series indicating/reflecting its SWATWA STATUS as
DAKHAL SWATWA SUNYA vide Khata No.274/1149. The said R.o.R.
vide Annexure-2 Series in the name of the predecessor of the petitioners
i.e. in the name of Sarat Chandra Mishra in respect of the case land was
prepared on dated 28.08.2019.The predecessor of the petitioner died
leaving behind the petitioners as his successors. After the death of the
predecessor of the petitioners, the case land devolved upon the
petitioners. As such, the petitioners is the owners and in possession over
the case land.
Surprisingly, on the basis of the Notification No.23868 dated
02.07.2025
vide Annexure-4 of the Government of Odisha, the
Tahasildar, Jatni (O.P. No.2) changed the SWATWA STATUS of the
case land in the R.o.R. vide Annexure-2 Series from DAKHAL
SWATWA SUNYA to PATTADAR through an order passed in Revenue
Misc. Case No.982 of 2025 without giving any opportunity of being
heard to the petitioners and without intimating the petitioners about such
change/correction.
For which, the petitioners filed this writ petition praying for
quashing the SWATWA STATUS in the corrected R.o.R. vide Annexure-
5 of the case land.
4. It is the undisputed case of the parties that, at the time of correction
of SWATWA STATUS entry in the R.o.R. of the case land vide
Annexure-2 Series from DAKHAL SWATWA SUNYA to PATTADAR
through an order passed in Revenue Misc. Case No.982 of 2025 by the
Tahasildar, Jatni (O.P. No.2), no opportunity of hearing was given to the
petitioners, though as per the R.o.R. vide Annexure-2 Series, the case
land was/is in the name of the predecessor of the petitioners and the
SATWA STATUS of the case land in the R.o.R. vide Annexure-2 Series
was DAKHAL SWATWA SUNYA.
5. On this aspect, propositions of law has already been clarified in the
ratio of the following decision:-
In a case between Alekh Chandra Rath and another Vrs.
Commissioner of Land Records and Settlement, Orissa and Others
reported in 1989 (2) OLR 135 that,
persons whose interests are likely to be affected are not made
parties in the revision, still then, the Revision was allowed and when
such persons pray for hearing of the revision afresh, then it is proper
to re-open the matter to comply with the requirements of the
principles of natural justice. For which, the matter was remanded for
fresh disposal on merit.
6. Here in this matter at hand, when, the R.o.R. of the case land vide
Annexure-2 Series was/is in the name of the predecessor of the
petitioners and when in the R.o.R. vide Annexure-2, SWATWA
STATUS of the case land was DAKHAL SWATWA SUNYA and when
the Tahasildar, Jatni (O.P. No.2) changed the SWATWA STATUS of the
case land from DAKHAL SWATWA SUNYA to PATTADAR without
giving any opportunity of being heard to the petitioners and without
intimating the petitioners and when by the said change/correction of
SWATWA STATUS in the R.o.R. of the case land through an order
passed in Revenue Misc. Case No.982 of 2025 by the O.P. No.2, the
interest of the petitioners have been affected, then at this juncture, by
applying the principles of law enunciated in the ratio of the aforesaid
decision, the Revenue Misc. Case No.982 of 2025 is required to be
reopened and the same is required to be decided afresh in presence of the
petitioners after giving opportunity of being heard to the petitioners.
Therefore, there is some merit in the writ petition filed by the
petitioners. The same is to be allowed in part.
7. In result, the writ petition filed by the petitioners is allowed in part.
The final order passed in Revenue Misc. Case No.982 of 2025 by
the Tahasildar, Jatni (O.P. No.2) as well as the SWATWA STATUS in
the corrected R.o.R. vide Annexure-5 as PATTADAR are quashed.
8. The matter vide Revenue Misc. Case No.982 of 2025 is remitted
back (remanded back) to the Tahasildar, Jatni (O.P. No.2) for deciding
the same afresh as per law after giving opportunity of being heard to the
petitioners complying the principles of natural justice as expeditiously as
possible within a period of 2 months from the date of appearance of the
petitioners before the O.P. No.2.
The petitioners in this writ petition are directed to appear before the
Tahasildar, Jatni (O.P. No.2) in Revenue Misc. Case No.982 of 2025 on
19.01.2026 and to file an objection in respect of their grievances
annexing the certified copy of this judgment for the purpose of receiving
the directions of the Tahasildar, Jatni (O.P. No.2) as to further
proceedings of the Revenue Misc. Case No.982 of 2025 on the basis of
the directions given in the judgment.
9. As such, this writ petition filed by the petitioners is disposed of
finally.
(A.C. Behera),
Judge.
Orissa High Court, Cuttack.
09.01.2026//Utkalika Nayak//
Junior Stenographer
Signature
Not Verified
Digitally Signed
Signed by: UTKALIKA
NAYAK
Reason: Authentication
Location: High Court of
Orissa, Cuttack
Date: 12-Jan-2026
10:54:32
