Tilottama Nayak Vs State of Odisha

Constitution of India, 1950 has been filed by the petitioners praying for quashing (setting aside) the final order dated 24.09.2019 (Annexure-3) passed in Revision Petition No.222 of 2015 by the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack.

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2 . Heard from the learned counsel for the petitioners and learned ASC

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for the State.

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3 . The factual backgrounds of this writ petition, which prompted the

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petitioners for filing of the same is that, they (petitioners) had filed revision petition vide Revision Petition No.222 of 2015 under Section 15(b) of the O.S.S. Act, 1958 before the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack praying for recording of the case land in their favour on the basis of the judgment and decree passed in a suit for partition vide C.S. No.141 of 2005 by the learned Civil Judge (Jr. Division), Jajpur, but the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack dismissed to the said Revision Petition No.222 of 2015 of the petitioners on the ground of nonfiling of the certified copy of the final decree passed in the suit vide C.S. No.141 of 2005.

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4 . During the course of hearing of the writ petition, learned counsel for the petitioners submitted that, at present, he is armed with the certified copy of the final decree passed in the suit vide C.S. No.141 of 2005 and he can file the same before the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack, if the matter vide Revision Petition No.222 of 2015 shall be remanded to the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack for deciding the same afresh after setting aside the impugned order dated 24.09.2019 (Annexure-3).

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5 . It is the settled propositions of law that,

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“the rights of the parties are to be adjudicated/decided upon the merits of controversies between them. Any party should not be thrown out merely on technicalities. The, Law Courts will lose their efficacy, if they cannot possibly respond to the needs of the societies. Technicalities their might be many, but, the justice oriented approach ought not to be thwarted on the basis of such technicality, since technicality cannot and ought not to outweigh the course of justice. So, law courts should always be in favour of giving opportunity to the parties to meet their case on merits instead of debarring them to adjudicate their rights on technical grounds.”

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6 . When, the Revision Petition No.222 of 2015 of the petitioners has

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been dismissed on a technical ground i.e. for non-submission of the certified copy of the final decree passed in the suit vide C.S. No.141 of 2005 and when the petitioners are interested to submit the same before the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack, if the matter will be remanded for its fresh hearing and when no party should be thrown out merely on technicality, as every case is required to be decided on merit, then at this juncture, by applying the above principles of law, I find no justification to disallow the writ petition filed by the petitioners.

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Therefore, the impugned order i.e. rejection to the Revision Petition No.222 of 2015 of the petitioners passed on dated 24.09.2019 (Annexure-3) by the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack is liable to be quashed.

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7 . As such, there is merit in the writ petition filed by the petitioners. The same must succeed.

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8 . In result, the writ petition filed by the petitioners is allowed.

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The impugned order dated 24.09.2019 (Annexure-3) passed in

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Revision Petition No.222 of 2015 by the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack is quashed (set aside).

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The matter, vide Revision Petition No.222 of 2015 is remitted back (remanded back) to the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack for deciding the same afresh within two months from the date of appearance of the petitioners in that Revision Petition No.222 of 2015 as per law after giving opportunity to the petitioners for filing of the certified copy of the final decree passed in the suit vide C.S. No.141 of 2005 in respect of the case land along with other documents in their favour as well as providing opportunity of hearing to the petitioners and others, if any.

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The petitioners are directed to appear before the Commissioner,

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Land Records & Settlement, Board of Revenue, Odisha, Cuttack in Revision Petition No.222 of 2015 on dated 08.12.2025 for filing of the certified copy of this judgment and also for the purpose of receiving the directions of the Commissioner, Land Records & Settlement, Board of

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Revenue, Odisha, Cuttack as to the further proceedings of the Revision Petition No.222 of 2015.

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