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Orissa High Court
Sarojini Satapathy vs State Of Odisha & Others on 6 January, 2026
ORISSA HIGH COURT : CUTTACK
WP(C) No.27904 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Sarojini Satapathy
... Petitioner
-VERSUS-
State of Odisha & others
... Opposite Parties
Counsel appeared for the parties:
For the Petitioner : Mr. P.K.Mohapatra, Advocate
For the Opposite Parties :Mr. G.Mohanty, Standing Counsel.
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 06.01.2026 :: Date of Judgment : 06.01.2026
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 petitioner
praying for quashing the impugned order dated 10.02.2025
(Annexure-1) passed in OSS Case No.1256/2022 under
Section 15(b) of the O.S.S. Act, 1958 by the Addl.
Commissioner, Addl. Revision Court No.IV, Bhubaneswar
(O.P. No.2).
2. Heard from the learned counsel for the petitioner and the
learned Standing Counsel for the State, as, none appeared
from the side of the O.P. No.5.
3. The factual backgrounds of this writ petition, which
prompted the Petitioner for filing of the same is that, the
impugned order vide Annexure-1 has been passed by the O.P.
No.2 on the ground of non-filing of the required documents
i.e. order of permission granted under Section 22 of the OLR
Act, 1960 and the documents in respect of the waste land
lease case along with other documents to show the flow of title
in respect of the case land in favour of the Petitioner.
4. During the course of hearing of this writ petition, the
learned counsel for the petitioner submitted that, the said
required documents in respect of the case land are presently
available with the Petitioner and the Petitioner is eagerly
interested for filing of the same before the O.P. No.2, if the
impugned order vide Annexure-1 will be quashed and the
matter i.e. OSS Case No.1256 of 2022 will be remitted back to
the O.P. No.2 for hearing of the same afresh.
5. It is the settled propositions of law that, it is the duty of
a good Judge to make its best endeavor for the disposal of a
lis/case on merit providing opportunity to the Parties for filing
of the required documents in respect of the case land, for no
other reason, but, only in order to avoid the multiplicity of
litigations between the Parties.
6. When the law of technicalities and the courses of
substantial justice are pitted against each other, the courses
of substantial justice deserves to be preferred.
7. Here in this matter at hand, when the petitioner is
eagerly interested for filing of the required documents in order
to substantiate her claim before the O.P. No.2 in O.S.S. Case
No.1256 of 2022, if the impugned order dated 10.02.2025
passed by the O.P. No.2 in O.S.S. Case No.1256 of 2022 will
be set aside and the matter will remitted back for its hearing
afresh, then, at this juncture, by applying the above principles
of law to this matter at hand, it is held that, the ends of
justice shall bestly be served, if the impugned order dated
10.02.2025 (Annexure-1) passed in OSS Case No.1256/2022
by the Addl. Commissioner, Addl. Revision Court-IV,
Bhubaneswar (O.P. No.2) will be set aside and the matter vide
OSS Case No.1256/2022 will be remitted back to the O.P.
No.2 for deciding the same afresh after giving opportunity to
the Petitioner for filing of the required documents in respect of
the case land to show the flow of title of the case land in her
favour, then, the said order shall cause prejudice to no Party,
rather the same will be in furtherance of rendering the
substantial justice to the Parties.
8. Therefore, for the reasons assigned above, I find no
justification to disallow the writ petition filed by the Petitioner.
9. Hence, the writ petition filed by the petitioner is allowed.
10. The impugned order dated 10.02.2025 vide Annexure-1
passed in OSS Case No.1256/2022 by the Addl.
Commissioner, Additional Revision Court-IV, Bhubaneswar
(O.P. No.2) is quashed/set aside.
The matter vide OSS Case No.1256/2022 is remitted
back to the Addl. Commissioner, Additional Revision Court-IV,
Bhubaneswar (O.P. No.2) for deciding the same afresh as per
law after giving opportunity to the Petitioner for filing of the
required documents in respect of the case land to show the
flow of title of the case land in her favour as expeditiously as
possible within a period of two months from the date of
appearance of the Petitioner before the O.P. No.2.
11. The petitioner is directed to appear before the Addl.
Commissioner, Additional Revision Court-IV, Bhubaneswar
(O.P. No.2) in OSS Case No.1256/2022 on dated 13.01.2026
and to file the certified copy of this Judgment for the purpose
of receiving directions of the Addl. Commissioner, Additional
Revision Court-IV, Bhubaneswar (O.P. No.2) as to further
proceeding of the OSS Case No.1256/2022.
12. As such, this writ petition filed by the petitioner is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
06 .01. 2026// Binayak Sahoo
Jr. Stenographer
Location: High Court of Orissa, cuttack
