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Kirty Moyi Rath Vs State of Odisha — Orissa HC (2025) — LawSathi Research

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Orissa HC
2025
Kirty Moyi Rath Vs State of OdishaKirty Moyi Rath v. State of Odisha

Disposed¶7

Kirty Moyi Rath v. State of Odisha

Orissa HC16 Jul 2025WP(C)/15917/2025

Case brief

AI extract

What is this about?

Writ petition disposed of as withdrawn: petitioners sought implementation of the order dtd. 13.02.2023 in W.P.(C) No. 3514 of 2015, by which the Additional District Magistrate, Bhubaneswar's order dated 26.12.2014 in Revision Case No. 602 of 1998 (under Section 7-A(3), Odisha Government Land Settlement Act, 1962, against vendor Akshya Nayak) was quashed, with liberty to the State to proceed under Section 3B. Grievance: land not recorded in petitioners' names; no Section 3-B proceeding initiated. Withdrawal prayed to pursue remedy before revenue authorities. Bench: K.R. Mohapatra and Savitri Ratho; order dated 16.07.2025; Orissa High Court at Cuttack. Search terms: OGLS Act 1962; Section 7-A(3); Section 3B/3-B; Akshya Nayak; recording of land; withdrawal of writ petition; implementation of earlier High Court order.

What did the court decide?

On the prayer of learned counsel for the petitioners, made in course of hearing, to withdraw the writ petition to avail remedy before the revenue authorities, the Court disposed of the writ petition as withdrawn.

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the writ petition praying for implementation of the order dtd. 13.02.2023 passed in W.P.(C) No. 3514 of 2015 should be heard, or permitted to be withdrawn so that the petitioners may avail remedy before the revenue authorities.

Court's answer

On the prayer of learned counsel for the petitioners, made in course of hearing, to withdraw the writ petition to avail remedy before the revenue authorities, the Court disposed of the writ petition as withdrawn.

Detailed headnote1 paragraphs

Orissa High Court, Cuttack — W.P.(C) No. 15917 of 2025 (K.R. Mohapatra and Savitri Ratho, JJ.), order dated 16.07.2025. The petitioners sought a direction to the opposite parties to implement this Court's order dtd. 13.02.2023 passed in W.P.(C) No. 3514 of 2015, wherein the order dated 26.12.2014 of the Additional District Magistrate, Bhubaneswar in Revision Case No. 602 of 1998 (initiated under Section 7-A(3) of the Odisha Government Land Settlement Act, 1962 against the petitioners' vendor, Akshya Nayak) had been quashed and the writ petition allowed, with liberty reserved to the State to initiate action under Section 3B of that Act. Counsel for the petitioners submitted that the land purchased by them had not been recorded in their names and that no proceeding under Section 3-B of the OGLS Act, 1962 had been initiated against them. In course of hearing, counsel prayed for withdrawal of the writ petition to avail remedy before the revenue authorities; the Court disposed of the writ petition as withdrawn.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). NO. 15917 OF 2025

1. Smt. Kirty Moyi Rath

2. Smt. Shantilata Tripathy

3. Smt. Naliniprava Mishra

…. Petitioners

Mr. Mrutyunjaya Bisoi, Advocate

-versus-

State of Odisha and Others

…. Opposite Parties Mr. Manmaya Kumar Dash, ASC

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

Order No.

ORDER 16.07.2025

This matter is taken up through hybrid mode.

The petitioners in this writ petition pray for the following

reliefs:-

“Therefore, it is prayed that this Hon'ble Court be graciously pleased to hear this matter and to direct the opposite parties to implement the Hon'ble Court's order dtd. 13.02.2023 passed in W.P.(C)No.3514 of 2015 and to pass appropriate orders for the interest of justice, equity and fairness.

And/or pass any other order(s)/direction(s) as Your Lordship may deem fit and proper;

And for this act of kindness, the petitioners shall as in duty bound ever pray.”

W.P.(C) No. 3514 of 2015 was filed by the petitioners assailing the order dated 26^th December, 2014 passed by the learned Additional District Magistrate, Bhubaneswar in Revision Case No. 602 of 1998 which was initiated under Section 7-A (3) of the Odisha Government

Page 1 of 2

Land Settlement Act, 1962 (in short “OGLS Act”) against the vendor of the petitioners, namely, Akshya Nayak.

This Court while setting aside the order impugned therein passed the following order:-

“9. In view of the discussions made above, the impugned order dated 26th December, 2014 passed by the Additional District Magistrate, Bhubaneswar in R.C. No.602 of 1998 (Annexure-8) is quashed and the writ petition is allowed reserving liberty to the opposite parties-State to initiate action under Section 3B of the Odisha Government Land Settlement Act, 1962, in accordance with law, however, there is no order as to costs in the circumstances.”

It is submitted by Mr. Mrutyunjaya Bisoi, learned counsel for the petitioners that pursuant to the order of this Court in W.P.(C) No. 3514 of 2015, the land, in question, purchased by the petitioners has not yet been recorded in the name of the petitioners. He further submits that proceeding under Section 3-B of the OGLS Act, 1962 has not been initiated against the petitioners.

In course of hearing, Mr. Bisoi, learned counsel for the petitioners, however, prays for withdrawal of the writ petition to avail remedy before the revenue authorities.

In view of such submission, the writ petition is disposed of as withdrawn.

(K.R. Mohapatra) Judge

Signature Not Verified

Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication puspa Location: Orissa High Court Date: 17-Jul-2025 10:47:20

(Savitri Ratho) Judge

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the writ petition praying for implementation of the order dtd. 13.02.2023 passed in W.P.(C) No. 3514 of 2015 should be heard, or permitted to be withdrawn so that the petitioners may avail remedy before the revenue authorities.medium confidence¶6
The court held
On the prayer of learned counsel for the petitioners, made in course of hearing, to withdraw the writ petition to avail remedy before the revenue authorities, the Court disposed of the writ petition as withdrawn.ratio¶7

Statutes considered

3 provisions across 1 enactments

AI extract

Odisha Government Land Settlement Act, 1962Section 7-A (3)¶3 Section 3B¶4 Section 3-B¶5

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 26th December, 2014 passed by the learned Additional District Magistrate, Bhubaneswar in Revision Case No. 602 of 1998, initiated under Section 7-A(3) of the Odisha Government Land Settlement Act, 1962 against the petitioners' vendor Akshya Nayak; subsequently quashed by this Court in W.P.(C) No. 3514 of 2015.¶3
Additional District Magistrate, Bhubaneswar · 26th December, 2014
Prior proceeding
Revision Case No. 602 of 1998 was initiated under Section 7-A(3) of the Odisha Government Land Settlement Act, 1962 ('OGLS Act') against the vendor of the petitioners, Akshya Nayak.¶3
Prior proceeding
W.P.(C) No. 3514 of 2015 was filed by the petitioners assailing the said order of the Additional District Magistrate, Bhubaneswar.¶3
Prior proceeding
In W.P.(C) No. 3514 of 2015 this Court quashed the order dated 26.12.2014 in R.C. No.602 of 1998 (Annexure-8) and allowed the writ petition.¶4
Prior proceeding
While allowing W.P.(C) No. 3514 of 2015, liberty was reserved to the opposite parties-State to initiate action under Section 3B of the Odisha Government Land Settlement Act, 1962; there was no order as to costs.¶4
Prior proceeding
In the present writ petition the petitioners prayed for a direction to the opposite parties to implement this Court's order dtd. 13.02.2023 passed in W.P.(C)No.3514 of 2015.¶2
Prior proceeding
Learned counsel for the petitioners submitted that pursuant to the order in W.P.(C) No. 3514 of 2015 the land purchased by the petitioners had not yet been recorded in their names, and that no proceeding under Section 3-B of the OGLS Act, 1962 had been initiated against them.¶5

Parties & counsel

AI extract

petitioner
Smt. Kirty Moyi Rath¶¶3
Mrutyunjaya Bisoi
petitioner
Smt. Shantilata Tripathy¶¶4
Mrutyunjaya Bisoi
petitioner
Smt. Naliniprava Mishra¶¶5
Mrutyunjaya Bisoi
respondent
State of Odisha and Others¶¶9
Manmaya Kumar Dash

Coram

AI extract

K.R. Mohapatramember¶¶12
Savitri Rathomember¶¶12

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 16 Jul 2025 · July
Registered: 9 Jun 2025
Case no.: WP(C)/15917/2025
CNR: ODHC010369362025
Bench: K.r.mohapatra Miss Savitri Ratho
Disposal: Withdrawn
Case type: W.P.(C)

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Cite this judgement

Kirty Moyi Rath v. State of Odisha, WP(C)/15917/2025 (OD), decided on 16 July 2025.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Odisha Government Land Settlement Act, 1962Section 7-A (3) · Section 3B · Section 3-B

View all statutes

Procedural history7

Order dated 26th December, 2014 passed by the learned Additional District Magistrate, Bhubaneswar in Revision Case No. 602 of 1998, initiated under Section 7-A(3) of the Odisha Government Land Settlement Act, 1962 against the petitioners' vendor Akshya Nayak; subsequently quashed by this Court in W.P.(C) No. 3514 of 2015.Additional District Magistrate, Bhubaneswar · 26th December, 2014
Revision Case No. 602 of 1998 was initiated under Section 7-A(3) of the Odisha Government Land Settlement Act, 1962 ('OGLS Act') against the vendor of the petitioners, Akshya Nayak.
W.P.(C) No. 3514 of 2015 was filed by the petitioners assailing the said order of the Additional District Magistrate, Bhubaneswar.

View full history

Bench / Coram

K.R. Mohapatra and Savitri Ratho

Parties & counsel