The Court disposed of a writ petition seeking issuance of Revised Record of Rights (R.O.R) for land plots. The Court directed the Additional Commissioner to expeditiously decide a pending miscellaneous case concerning procedural irregularities in prior revenue orders and ordered an expedited hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 37843 OF 2021
Prasanta Kumar Sahoo and another Petitioners
Mr. Dwarika Prasad Mohanty, Advocate
-versus-
Tahasildar, Sadar, Cuttack and …. Opp. Parties another
Mr. Swayambhu Mishra, Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
04.05.2022
Page 1 of 3
// 2 //
to record the land in the name of the Petitioners and issue R.O.R. in their favour, but no R.O.R. has yet been issued in favour of the Petitioners. Hence, this writ petition has been filed.
“xxx xxx xxx
Considering the claim of the Petitioners the revision is allowed and the Tahasildar, Cuttack Sadar is directed to correct the Hal Settlement ROR and Record the purchased case land i.e. area Ac.0.631 dec. in favour of the petitioners in a separate khata and plot, after carving out the Hal Plot No.225/1121 and Hal Plot No.845/1122 from the impugned Hal Khata No.692 in accordance with the above observation, after making due field enquiry, ascertaining the physical possession, verifying the Hal-Sabik Co-Relation and the original relevant documents with the following due procedure”
But, no enquiry whatsoever was conducted by the Additional Tahasildar, Sadar, Cuttack pursuant to the direction made in R.P Case No. 587 of 2015, which is apparent from the order dated 4th March, 2021 passed in Misc. Case No.38 of 2020. It is submitted that the land is lying vacant and no one is in possession over the same. It is further submitted that Misc. Case No. 4 of 2022 has been filed before the Additional Commissioner, Settlement and Consolidation, Odisha, Cuttack for clarification/modification of the order dated 19th March, 2020 by which R.P. Case No. 587 of 2015 was disposed of. The said Misc. Case is still pending for consideration. Since the order of the Additional Tahasildar, Sadar, Cuttack suffers from procedural
Page 2 of 3
// 3 //
irregularities, it has not yet been given effect to awaiting orders in Misc. Case No.4 of 2022.
bks
(K.R. Mohapatra) Judge
Page 3 of 3
2 issues framed by the court
Whether to issue a revised Record of Rights (R.O.R) for land plots pending clarification on procedural irregularities in previous orders.
Whether the writ court should intervene immediately or refer the matter for a clarified order from the lower adjudicating authority.
1 provisions across 1 enactments
Prasanta Kumar Sahoo
Tahasildar, Sadar, Cuttack
K.R. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
