[Cites 2, Cited by 0]
Orissa High Court
Bishnu Prasad Ray vs State Of Odisha And Another .... ... on 9 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.502 of 2026
(An application under Article 226 and 227 of the Constitution of India, 1950)
Bishnu Prasad Ray .... Petitioner
-versus-
State of Odisha and another .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - 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 petitioner 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 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.989 of 2025 by the Tahasildar, Jatni (O.P. No.2)
without giving any opportunity of being heard to the petitioner and
without intimating the petitioner about such change/correction.
Page 1 of 5
2. I have already heard from the learned senior counsel for the
petitioner and learned SC for the State.
3. The factual backgrounds of the writ petition, which prompted the
petitioner for filing of the same is that, the case land was in the name of
the petitioner as per R.o.R. vide Annexure-2 indicating/reflecting its
SWATWA STATUS as DAKHAL SWATWA SUNYA vide Khata
No.274/1379. The said R.o.R. vide Annexure-2 in the name of the
petitioner in respect of the case land was prepared on dated 12.10.2021.
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 from DAKHAL SWATWA
SUNYA to PATTADAR through an order passed in Revenue Misc. Case
No.989 of 2025 without giving any opportunity of being heard to the
petitioner and without intimating the petitioner about such
change/correction.
For which, the petitioner 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 from DAKHAL SWATWA SUNYA to PATTADAR
through an order passed in Revenue Misc. Case No.989 of 2025 by the
Tahasildar, Jatni (O.P. No.2), no opportunity of hearing was given to the
petitioner, though as per the R.o.R. vide Annexure-2, the case land was/is
in the name of the petitioner and the SATWA STATUS of the case land
in the R.o.R. vide Annexure-2 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 was/is in the name of the petitioner 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 petitioner and without intimating the petitioner 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.989 of 2025 by
the O.P. No.2, the interest of the petitioner has 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.989 of 2025 is required to
be reopened and the same is required to be decided afresh in presence of
the petitioner after giving opportunity of being heard to the petitioner.
Therefore, there is some merit in the writ petition filed by the
petitioner. The same is to be allowed in part.
7. In result, the writ petition filed by the petitioner is allowed in part.
The final order passed in Revenue Misc. Case No.989 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.989 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
petitioner complying the principles of natural justice as expeditiously as
possible within a period of 2 months from the date of appearance of the
petitioner before the O.P. No.2.
The petitioner in this writ petition is directed to appear before the
Tahasildar, Jatni (O.P. No.2) in Revenue Misc. Case No.989 of 2025 on
19.01.2026 and to file an objection in respect of his 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.989 of 2025 on the basis of the directions
given in the judgment.
9. As such, this writ petition filed by the petitioner 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
10:54:33
