Jagannath Sahu Vs State of Odisha

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Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 03-May-2025 13:58:48

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO.15355 OF 2024

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(An application under Articles 226 and 227 of the Constitution of India, 1950)

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*******

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1. Jagannath Sahu , S/o late Biswanath Sahu,

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2. Lokanath Sahu , S/o late Biswanath Sahu,

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3. Sasmita Sahu , W/o late Lingaraj Sahu,

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4. Sibangi Sahu , D/o late Lingaraj Sahu

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5. Subhrojeet Sahu , S/o late Lingaraj Sahu, (Sl. Nos.1 to 5 are resident of AT: Kabiraj Street, Hinjilicut, PO/PS: Hinjili, Dist: Ganjam-761102)

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6. M.J. Developers, a partnership firm between M/s Motwani Constructions Private Limited, represented through its Director, Mr. Pankaj Motwani, son of Dilip Kumar Motwani and

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M/s Jaiswal Construction Private Limited, represented through its Director, Mr. Mayank Jaiswal, son of Manohar Jaiswal, having their office at Flat No.402, Tarini Palace, Plot No.2, Saheed Nagar, Bhubaneswar7510017

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…. Petitioners

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-versus-

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1. State of Odisha , represented through its Secretary Revenue and Disaster Management Department, Secretariat Building, AT/PO/PS: Bhubaneswar

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2. Tahasildar , Bhubaneswar, AT/PO: Bhubaneswar, Dist: Khordha

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3. Collector, Khordha , Dist: Khordha

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Page 1 of 12

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W.P.(C) NO.15355 OF 2024

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Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 03-May-2025 13:58:48

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4. Sub-Registrar, Khordha, Dist: Khordha,

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…. Opp. Parties

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5. Sujata Sahu, D/o Biswanath Sahu, AT: Kabiraj Street, Hinjilicut, PO/PS: …. Proforma Hinjili, Dist: Ganjam-761102 Opp. Party

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Advocate for the parties :

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For Petitioners : Mr.Goutam Mukherji, Senior Advocate being assisted by Mr.SupratikAcharya, Advocate

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For Opp. Parties : Mr. Swayambhu Mishra, Additional Standing Counsel (For Opposite Party Nos.1 to 4)

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CORAM: JUSTICE K.R. MOHAPATRA

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Date of Hearing: 04.04.2025 :: Date of Judgment: 02.05.2025

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JUDGMENT

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1. This matter is taken up through hybrid mode.

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2. Inaction of Opposite Parties-functionaries of the State in changing status of the land mentioned in the Record of Right (ROR) from ‘ Dakhal Satwa Sunya ’ to ‘ Stithiban ’ is the subject matter of challenge in this writ petition.

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3. Case of the Petitioners in brief relevant for adjudication is that Plot No.1313 to an extent of Ac.2.385 decimal under Khata No.343/137 situated in mouza Jagannath Prasad under Bhubaneswar Tahasil in the district of Khordha (for brevity ‘the case land’) stands recorded in the name of one Sarojini Sahu (mother of Petitioner Nos.1 and 2 and proforma Opposite Party

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 03-May-2025 13:58:48

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No.5). The Kisam of the case land is recorded as ‘ Gharabari ’. In Column No.3 of ROR, the status of the case land has been described as ‘Dakhal Satwa Sunya ’. Petitioner Nos.1 to 5 are the successors of the recorded tenant, namely, late Sarojini Sahu. It is pertinent to mention here that late Biswanath Sahu and his wife Sarojini Sahu had three sons, namely, Jagannath, Lingaraj and Lokanath and one daughter, namely, Sujata. Sujata Sahu has been added as proforma Opposite Party No.5 to the writ petition. Lingaraj Sahu is dead leaving behind Petitioner Nos.3 to 5 as his legal heirs. During his life time, the recorded tenant, namely, Sarojini Sahu had executed a Power of Attorney-cumDevelopment Agreement (Annexure-2) in favour of the Developer, namely, Petitioner No.6-M.J. Developers for development of the case land. The recorded tenant died on 21^st November, 2020 leaving behind his legal heirs as stated above.

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3.1 Government in Revenue and Disaster Management Department issued letter RDM-CHS-PGOT-0303-2020/L No.3063/R and DM dated 28^th January, 2021 (Annexure-6) to all Collectors of the State instructing them to initiate suo motu cases and correct the status of the case land to ‘ Stithiban’ wherever the status of land is recorded as ‘Bajyapti Stithiban’, ‘Dakhal Satwa Bisista’ and ‘Dakhal Satwa Sunya’. In the said letter, it is observed that the Department vide letter No.47582 dated 12^th October, 1990 had issued a set of instructions titled as ‘Raiyati Jami Record Kariba Pranali O Satwaa Satwa Niyamabali’ (for short, ‘Guidelines’) to regulate recording of the Raiyati land. In para-23 of the said instruction / Guidelines, it is indicated that in course of settlement operation in the undivided districts of Puri, Cuttack and

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W.P.(C) NO.15355 OF 2024 Page 3 of 12

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 03-May-2025 13:58:48

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Balasore, the land recorded in the status of ‘Bajyapti Stithiban’, ‘Dakhal Satwa Bisista’ and ‘Dakhal Satwa Sunya’ would be recorded under ‘Stithiban’ status. In the rest part of the State of Odisha if entry of the status of land in the RoR is noticed as above, the same would be recorded under ‘Raiyati’ status. Thus, the Petitioners claim the land being situated in the undivided district of Puri (now in the district of Khordha), the ROR should have been prepared describing the status of the case land as ‘Stithiban’ . In the said letter under Annexure-6, it has been instructed that Tahasildar should initiate suo motu cases to change the status of the land to ‘Stithiban’ . The Tahasildar, Bhubaneswar-Opposite Party No.2 failed to act upon the instruction issued as above to change the status of the case land to ‘Stithiban’. Petitioners also intimated the Tahasildar, Bhubaneswar-Opposite Party No.2, vide grievance petition dated 15^th November, 2023 under Annexure-7, to change the status of the case land to ‘Stithiban’ . But the Tahasildar, Bhubaneswar failed to act upon the same. Hence, the Petitioners finding no other alternative have filed the present writ petition.

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4. Mr. Mukherji, learned Senior Advocate appearing for the Petitioners contended that para-23 of the Regulations clearly stipulates that as per Section 24 of the Odisha Tenancy Act, 1913, a Stithiban Raiyat has possessory right over the land he is cultivating. Section 4 of the said Act states that there are three kinds of Raiyats, namely, ‘Chirastayee Jama Raiyat’, ‘Dakhal Satwa Bisista Raiyat’ and ‘Dakhal Satwa Sunya Raiyat’ . In some cases, ‘ Chirastayee Jama Raiyat’ is described as ‘Chirastayee Jama Bisista’ and ‘Bahel Chirastayee Jama’. During settlement operation in the undivided districts of Puri, Cuttack and Balasore, Raiyats recorded as

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 03-May-2025 13:58:48

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‘Bajyapti Stithiban’/ ‘Dakhal Satwa Bisista’/ ‘Dakhal Satwa Sunya’ should be recorded as ‘Stithiban’ status. At any other place in the State of Odisha, those Raiyats should be recorded under Raiyati status. Accordingly, letter under Annexure-6 was issued to all Collectors to instruct the Tahasildars to initiate proceedings to record such Raiyats as Stithiban Raiyats in the undivided districts of Puri, Cuttack and Balasore. Although Petitioners have made grievance before the Tahasildar, Bhubaneswar, which is coming under undivided district of Puri to record the case land under Stithiban status, but no action has yet been taken on the same. As such, finding no other alternative, this writ petition has been filed seeking direction to Tahasildar, Bhubaneswar to initiate appropriate proceeding and record the case land under Stithiban status.

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5. Counter affidavit has been filed by Tahasildar, Bhubaneswar-Opposite Party No.2 stating, inter alia , that one Dhadu Nayak, son of Nabaghana Nayak of village Andharua was granted lease of Government land measuring Ac.2.385 decimal in Plot No.1313 under Khata No.343/137 situated in mouza Jagannath Prasad vide WL Case No.236 of 1975 for agricultural purpose. He sold the entire leasehold land to one Sarojini Sahoo, the mother of Petitioner Nos.1 and 2, namely, Jagannath Sahu. Said Sarojini Sahu got the land mutated in her name under Khata No.343/137. Pursuant to order in OLR Case No.11321 of 2009, the case land was converted to ‘ Gharabari ’ kisam (nature), but the status of the case land remained as ‘Dakhal Satwa Sunya’ . Said Sarojini Sahu died on 21^st November, 2020 leaving behind the Petitioner Nos.1 and 2 and others as her legal heirs. After a lapse of fifteen years, Petitioners filed representation on 15^th

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 03-May-2025 13:58:48

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November, 2023 for change of status of the case land from ‘Dakhal Satwa Sunya’ to ‘Stithiban’ in terms of notification issued by the Government in Revenue and Disaster Management Department vide No.3063 dated 28^th January, 2021 (Annexure6). In the said notification, it was clearly mentioned that instructions issued earlier in Revenue Department letter No.47582 dated 12^th October, 1990 should be followed in recording the Raiyati land. At para-23 of the instructions (Guidelines), it is clearly indicated that in course of settlement in the undivided districts of Puri, Cuttack and Balasore, a land recorded in ‘Bajyapti Stitiban’/ ‘Dakhal Satwa Bisista’/ ‘Dakhal Satwa Sunya’ would be recorded as ‘Stithiban’ status, if the ROR is settled/issued as per the provisions of the Odisha Tenancy Act, 1913.

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5. 1 The settlement ROR in Revenue village Jagannath Prasad has been finally published in the year 1962 under the provisions of Odisha Survey and Settlement Act, 1958 and Rules, 1962 framed thereunder. The case land is a leasehold property granted in favour of the vendor of the Petitioners’ mother under the provisions of Odisha Government Land Settlement Act, 1962.

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5.2 Further, a conjoint reading of letter under Annexure-6 and the Guidelines / instructions dated 12^th October, 1990, it is clear that those categories of Raiyats as defined under the provisions of Section 4 of the Odisha Tenancy Act, 1913 would be recorded under Raiyati status, which is heritable and transferable and not the classes of tenants who were granted lease by the Government.

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W.P.(C) NO.15355 OF 2024

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 03-May-2025 13:58:48

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5.3 ‘Dakhal Satwa Sunya’ status is an erroneous entry and the case land should have been recorded under ‘ Pattadar’ status. Since the case land has been recorded under the provisions of OGLS Act in WL Case No.236 of 1975, the same could not have been recorded as ‘Dakhal Satwa Sunya’ . As such, the case land should be recorded under Pattadar status, as per the Guidelines issued by the Government. In such circumstances, process has already been initiated by Tahasildar, Bhubaneswar with the Government in Revenue and Disaster Management Department and hence, cases of same nature would be corrected as expeditiously as possible. In that regard, letter No.12049 dated 30^th July, 2024 (Annexure-B/2 to the counter affidavit) has been referred to. Thus, the Petitioners should not take advantage of an erroneous entry in the ROR.

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5.4 Mr. Mishra, learned ASC reiterating the averments made in the counter affidavit submitted that the case land was all through out a piece of Government land and by virtue of WL Case No.236 of 1975, it was leased out in favour of one Dhadu Nayak through whom the Petitioners claim title. Thus, at no stretch of imagination, it can ever be said that the case land was recorded in Raiyati status under the provisions of the Odisha Tenancy Act, 1913. As such, the Instructions/Guidelines issued by the Government on 12^th October, 1990 has no application to the instant case.

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6. Relevant portion of Guidelines/Instructions dated 12^th October, 1990 has been filed as Annexure-A/2 to the counter affidavit. However, Petitioners have filed the complete set of Guidelines along with their additional affidavit dated 3^rd September, 2024 for perusal of the Court.

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W.P.(C) NO.15355 OF 2024

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 03-May-2025 13:58:48

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7. In the backdrop of the aforesaid pleadings of the parties and arguments advanced by learned counsel for the parties, this Court proceeds to adjudicate the matter.

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8. Heard learned counsel for the parties at length. The flow of title to the Petitioners is not disputed by Opposite Parties. The only issue that arises for consideration in the present writ petition is whether the case land can be recorded under ‘Stithiban’ status or not.

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9. It is vehemently argued by Mr. Mishra, learned ASC that the case land was erroneously recorded under ‘Dakhal Satwa Sunya’ status in the ROR. In order to consider the veracity of the submissions made by Mr. Mishra, learned ASC, this Court scrutinized the pleadings and materials available on record. On verification of record, it is apparent that the case land was recorded under ‘Dakhal Satwa Sunya’ status. The said entry in the Column-3 of the ROR has neither been challenged as yet in any Court of law nor has any proceeding yet been initiated to correct the so-called erroneous entry of ‘Dakhal Satwa Sunya’ status in the RoR. At para-9 of the counter affidavit filed by the Tahasildar, Bhubaneswar, an averment is made to the effect that Opposite Party No.2 has made communication to the Government in Revenue and Disaster Management Department vide letter No.12049 dated 30^th July, 2024 (Annexure-B/2) intimating about such so-called erroneous entry of the status of the case land. But there is nothing on record to come to a conclusion that any proceeding has been initiated as yet for correction of the so-called erroneous entry in the RoR regarding status of the case land. Thus, this Court is of the

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W.P.(C) NO.15355 OF 2024

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Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 03-May-2025 13:58:48

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considered opinion that status of the case land in the ROR is ‘Dakhal Satwa Sunya’ as on date.

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10. On perusal of the Guidelines/Instructions, namely, ‘Raiyati Jami Record Kariba Pranali O Satwaa Satwa Niyamabali’ , i.e., procedure to record raiyati land and regulations regarding status of the land, it clearly indicates that the said Instructions/Guidelines were issued in terms of Memorandum No.29854 dated 25^th June, 1990, which dealt with recording of Government land. At para-23 of the said Guidelines/Instructions, it is clearly stated that as per Section 4 of the Odisha Tenancy Act, 1913, Raiyats are of three categories, namely, ‘Chirastayee Jama Raiyat’, ‘Dakhal Satwa Bisista Raiyat’ and ‘Dakhal Satwa Sunya Raiyat’ . It is also stated at para-23 in some places ‘ Stithiban Raiyat’ are recorded as ‘Chirastayee Jama Bisista’ and ‘Bahel Chirastayee Jama’ etc. In all such cases, the land which are recorded under ‘Bajyapti Stithiban’, ‘Dakhal Satwa Bisista’ or ‘Dakhal Satwa Sunya’ during settlement proceeding in the undivided districts of Puri, Cuttack and Balasore should be recorded under ‘ Stithiban’ status. Thus, in para23 of the Guidelines, it is stated in clear terms that if the lands are settled under the provisions of the Odisha Tenancy Act, 1913 under ‘Bajyapti Stitiban’, ‘Dakhal Satwa Bisista’ or ‘Dakhal Satwa Sunya’ status should be recorded under the ‘ Raiyati ’ status, as alleged in the counter affidavit and submitted by Mr. Mishra, learned ASC. On a close reading of the aforesaid Guidelines, it clearly emanates that during settlement operation, if a land has been recorded under ‘Bajyapti Stitiban’, ‘Dakhal Satwa Bisista’ or ‘Dakhal Satwa Sunya’ status, the same should be recorded under ‘ Stithiban’ status in undivided districts of Puri, Cuttack and

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 03-May-2025 13:58:48

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Balasore. In rest of the areas of State of Odisha, it should be recorded under ‘ Raiyati ’ status. Nowhere in the said Guidelines, it is stated that if the land is settled under Odisha Tenancy Act, 1913 under ‘Bajyapti Stitiban’/‘Dakhal Satwa Bisista’/‘Dakhal Satwa Sunya’ status, then it will be recorded under ‘Stithiban’ status . It appears that the Tahasildar, Bhubaneswar has misread the instructions imparted at para-23 of the Guidelines.

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11. No doubt, Odisha Tenancy Act, 1913 has been referred to in the said Guidelines. But the Guidelines does not speak of change of status of the land to ‘stithiban’ status, only when the tenants of aforesaid three categories, namely, ‘Bajyapti Stithiban’/‘Dakhal Satwa Bisista’/‘Dakhal Satwa Sunya’ are settled under the provisions of the Odisha Tenancy Act, 1913. 12. Undoubtedly, the case land was a piece of Government land before it was settled with Dhadu Nayak in WL Case No.236 of 1975. But, on a close reading of the Guidelines, it is clear that the same was issued in terms of Memo No.29854 dated 25^th June, 1990, which deals with recording of the Government land. While issuing such guidelines to record the Government land, different provisions have been made in the said Guidelines. Para-23 deals with recording of the land under ‘ Stithiban’ status, which were under ‘Bajyapti Stitiban’, ‘Dakhal Satwa Bisista’ or ‘Dakhal Satwa Sunya’ status during settlement operation in undivided districts of Puri, Cuttack and Balasore. There is no denial in the counter affidavit that the case land was not recorded under ‘Dakhal Satwa Sunya’ status during settlement operation in the district of Puri. In addition to the above, Revenue and Disaster Management

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W.P.(C) NO.15355 OF 2024

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 03-May-2025 13:58:48

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Department in its letter under Annexure-6 has categorically observed that despite clear instructions of the Government, it is noticed that in several tahasils, certain lands continued to be recorded in ‘Dakhal Satwa Bisista’ or ‘Dakhal Satwa Sunya’ status and the Tahasildars are neither correcting the record on institution of suo motu cases nor disposing of the petitions filed by the Raiyats to record such land under ‘ stithiban’ status. It is further clarified that the Government on recommendation of the Board of Revenue is planning to rationalize the status and kisam of land in the new scheme. Thus, all lands recorded as ‘Bajyapti Stithiban’, ‘Dakhal Satwa Bisista’ or ‘Dakhal Satwa Sunya’ should be recorded in ‘ stithiban’ status. Accordingly, it was advised therein that all Collectors should issue suitable instructions to the field officers more particularly Tahasildars for proper recording of the land in the light of the instructions issued by the Revenue and Disaster Management Department issued letter No.47582 dated 12^th October, 1990. As such, this Court finds no impediment on the part of the Tahasildar, Bhubaneswar to change the entry at Column-3 of the ROR with regard to status of the case land from ‘Bajyapti Stitiban’/ ‘Dakhal Satwa Bisista’/ ‘Dakhal Satwa Sunya’ wherever it appears to ‘ stithiban’ status in the undivided district of Puri, including the case land, which is under Tahasildar, Bhubaneswar.

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13. Instructions in that regard should also be issued by the Revenue and Disaster Management Department to all Tahasildars of State of Odisha to act upon accordingly and to change the entry at Column-3 of ROR from ‘Bajyapti Stitiban’ /‘Dakhal Satwa Bisista’ / ‘Dakhal Satwa Sunya’ status to ‘ stithiban’ status in the

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W.P.(C) NO.15355 OF 2024

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Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 03-May-2025 13:58:48

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undivided districts of Cuttack, Puri and Balasore and in all other areas of State of Odisha to ‘Raiyati’ status.

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14. Hence, the Tahasildar, Bhubaneswar-Opposite Party No.2 is directed to record the case land under ‘Stithiban’ status by changing the entry in the status of the case land from ‘Dakhal Satwa Sunya’ to ‘ Stithiban’ status as expeditiously as possible preferably within three months from the date of production of certified copy of this order.

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15. The writ petition is allowed to the aforesaid extent. In the facts and circumstances, there shall be no order as to costs.

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Issue urgent certified copy of the judgment on proper application.

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(K.R. Mohapatra) Judge

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Orissa High Court Date the 2^nd day of May, 2025/s.s.satapathy

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W.P.(C) NO.15355 OF 2024

Jagannath Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jagannath Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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