Binaya Bachan Sahoo Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Binaya Bachan Sahoo Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 21.02.2025 (Annexure-1) of the Revenue Divisional Commissioner (Northern Division), Sambalpur in R.P. No.205 of 2021 set aside; matter remitted to O.P. No.2 for fresh decision as per law after opportunity of being heard, preferably within four months; parties directed to appear before the RDC on 01.09.2025; writ petition disposed of finally.

Issue for consideration

Whether the impugned order dated 21.02.2025 (Annexure-1) passed by the Revenue Divisional Commissioner (Northern Division), Sambalpur (O.P. No.2) in R.P. No.205 of 2021 should be set aside and the matter remitted for fresh decision after hearing the parties.

Court's answer

The Court set aside the impugned order dated 21.02.2025 (Annexure-1) passed by the Revenue Divisional Commissioner (RDC), (Northern Division), Sambalpur (O.P. No.2) in R.P. No.205 of 2021.

Ratio / Principle

The matter (R.P. No.205 of 2021) was remitted back to O.P. No.2 for deciding the same afresh as per law after giving opportunity of being heard to the parties of the writ petition and others, if any.

Key takeaways

The fresh decision by O.P. No.2 is to be made as expeditiously as possible, preferably within a period of four months from the date of appearance of the parties before O.P. No.2.ratio¶15
The parties were directed to appear before the Revenue Divisional Commissioner (Northern Division), Sambalpur on 01.09.2025 to receive directions as to further proceedings of R.P. No.205 of 2021.ratio¶17
The writ petition filed by the petitioner was disposed of finally.

Detailed headnote1 paragraphs

Writ Petition (WP(C) No.13959 of 2025, High Court of Orissa at Cuttack, Ananda Chandra Behera, J., order dated 21.08.2025) disposed of finally: the impugned order dated 21.02.2025 (Annexure-1) passed by the Revenue Divisional Commissioner (RDC), (Northern Division), Sambalpur (O.P. No.2) in R.P. No.205 of 2021 was set aside and the matter was remitted back to the RDC for deciding the same afresh as per law after giving opportunity of being heard to the parties, as expeditiously as possible preferably within four months from the date of appearance; parties directed to appear before the RDC on 01.09.2025 for directions on further proceedings.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.13959 of 2025

Binaya Bachan Sahoo .....

Petitioner

Represented By Adv. – P.K. Rath, Sr.Advocate. Assisted by Ms.S. Das

-versus-

State Of Odisha and Ors. ..... Opposite Parties

Represented By Adv. - Mr. Manoranjan Mohapatra, Miss Anita Das

Tej Kumar, ASC

CORAM:

MR. JUSTICE ANANDA CHANDRA BEHERA

ORDER

21.08.2025

Order No.

1. This matter is taken up through hybrid mode.

As per the submissions of the learned counsels of both the sides, it is felt proper to dispose of this writ petition finally at this stage after setting aside the impugned order dated 21.02.2025 (Annexure-1) passed by the Revenue Divisional Commissioner (RDC), (Northern Division), Sambalpur (O.P. No.2) in R.P. No.205 of 2021 and remitted back the matter vide R.P. No.205 of 2021 to the O.P. No.2 for deciding the same afresh as per law after giving opportunity of being heard to the parties of this writ petition along with other, if any as expeditiously as possible preferably within a period of four months from the date of appearance of the parties before the O.P. No.2.

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The parties are directed to appear before the Revenue Divisional Commissioner (RDC), (Northern Division), Sambalpur (O.P. No.2) in R.P. No.205 of 2021 on dated 01.09.2025 for the purpose of receiving the directions of the O.P. No.2 as to further proceedings of the said R.P. No.205 of 2021.

As such, the writ petition filed by the petitioner is disposed of finally.

Registry is directed to transmit the copy of this order to the Revenue Divisional Commissioner (RDC), (Northern Division), Sambalpur (O.P. No.2) immediately.

Urgent certified copy of this order be granted to the petitioner on proper application.

(ANANDA CHANDRA BEHERA) Judge

Utkalika

Signature Not Verified

Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Aug-2025 16:26:17

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