In this writ petition, petitioners challenged an order under Section 15(b) of the Odisha Survey and Settlement Act, 1958, seeking correction of land configuration. The Court held the Commissioner acted correctly by relying on the last settlement map (1925-26) rather than earlier ones.
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. 5755 of 2022
Anirudha Sahoo and others ..… Petitioners
Mr.Prasanta Kumar Mohanty, Advocate
-versus-
Commissioner, Land Records and Settlement, Odisha, Cuttack and others
…. Opp. Parties
Mr.Dilip Kumar Mishra, Additional Government Advocate (For Opposite Party Nos.1 and 2)
CORAM: JUSTICE K.R. MOHAPATRA
ORDER
Order No.
10.05.2022
Page 1 of 3
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while adjudicating the matter, most erroneously did not take into consideration the map published in the year 1910-11.
3.1 It is his submission that although the area of the land in question remained intact, but the configuration of the map has been changed for which the Petitioners are likely to lose the land in question, over which their residential house situates. The Commissioner, without taking into consideration the real matter in controversy, directed the Tahasildar, Darpan-Opposite Party No.2 to conduct field enquiry by issuing notice to the boundary tenants and Petitioners as well as the land owners likely to be affected and after superimposition of the map as per map published in the year 1925-26 with that of the map of 1996 for correction if required. It is his submission that the error crept in the map of 1925-26. The Commissioner ought to have directed to compare and superimpose the map published in the year 1910-11 and 1925-26 with that of 1996 to find out the correct position. Accordingly, he prays for setting aside of the impugned order and to direct Tahasildar, Darpan to make field enquiry and correct the map of 1996 by superimposing it with map of 1910-11.
Page 2 of 3
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Issue urgent certified copy of the order on proper application.
(K.R. Mohapatra) Judge
s.s.satapathy
Page 3 of 3
2 issues framed by the court
Whether the Commissioner, Land Records and Settlement can exercise power under Section 15(b) of the Odisha Survey and Settlement Act, 1958 to correct the Hal map of 1996 considering maps beyond the la
Whether the Commissioner committed an error in not considering the 1910-11 map but limiting the comparison to the 1925-26 publication.
1 provisions across 1 enactments
Anirudha Sahoo and others
Commissioner, Land Records and Settlement, Odisha, Cuttack
Justice K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
