Surya Narayan Suar Vs Addl Commissioner Settlement and Consolidation Berhampur

Constitution of India, 1950 has been filed by the Petitioner praying for quashing the part dismissal of S.R.P. No.1312 of 2016 of the Petitioner on dated 15.04.2024 (Annexure-4) by the Additional Commissioner, Settlement and Consolidation, Berhampur (O.P. No.1) in respect of Hal Plot No.396 corresponding to Sabik Plot No.379 as per the order dated

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15.04.2024 (Annexure-4) only stating about the mismatch between Hal and Sabik Plot of the same.

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I have already heard from the learned counsel for the Petitioner and the learned Standing counsel for the State.

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3. In order to ascertain the correspondences/matching of Sabik and Hal Plot number, it is the duty of the Commissioner either to call for a report from the Settlement Authorities or to call for a report from the concerned Tahasildar and without calling for any report from the Settlement Authorities or the Tahasildar, the Commissioner cannot express about the mismatching of Sabik and Hal Correspondances of the case land. Because, the observations regarding mismatching between Hal and Sabik Plot should is to be based upon the report of the Settlement Authorities or Tahasildar.

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On this aspect, it has been clarified in the ratio of the following

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decisions:-

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(i) In a case between Bijaya Chatterjee Vrs. Commissioner, Land Record and Settlement and others reported in 2000 (II) OLR 349 that,

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the commissioner at the time of hearing of the revision under Section 15(b) of the OSS Act, 1958 can call for the report from the Tahasildar regarding the matching of the Hal Plot number with Sabik Plot number.

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(ii) In a case between Brundaban Patnaik Vrs. Commissioner, Land Record and Settlement and others reported in 2001 (1) OLR 53 that,

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commissioner can direct the Tahasildar to cause field enquiry and correct the map, if necessary.

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Here, in this matter at hand, when, the Additional Commissioner

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(O.P. No.1) has rejected the claim of the Petitioner for recording of the case land in respect of Hal Plot No.396 stating about the mismatch of the same with Sabik Plot indicated in the sale deed without any report about the same either from the Settlement Authorities or from the Tahasildar, then at this juncture, it is held that, the above observations made by the O.P. No.1 in the impugned order regarding mismatch of Hal Plot number of the case with Sabik Plot number is held as baseless.

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When, it is held that, the impugned order dated 15.04.2024 (Annexure-4) passed by the O.P. No.1 in S.R.P. No.1312 of 2016 as baseless, then at this juncture, there is justification under law for making interference with the said order dated 15.04.2024 (Annexure-4) passed in S.R.P. No.1312 of 2016 through this writ petition filed by the Petitioner.

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As such, there is merit in the writ petition filed by the Petitioner. The same is to be allowed.

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6. In result, the writ petition filed by the Petitioner is allowed.

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7. The impugned order of rejection to the prayer of the Petitioner in respect of the Hal Plot No.396 in Mouza Lathi passed on dated 15.04.2024 (Annexure-4) in S.R.P. No.1312 of 2016 by the Additional Commissioner, Settlement and Consolidation, Berhampur (O.P. No.1) is

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quashed.

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The matter vide S.R.P. No.1312 of 2016 is remitted back to the Additional Commissioner, Settlement and Consolidation, Berhampur (O.P. No.1) for deciding the same afresh as per law after giving opportunity of being heard to all the Parties thereof including the Petitioner as expeditiously as possible within a period of two months from the date of appearance of the parties before Additional Commissioner, Settlement and Consolidation, Berhampur in S.R.P. No.1312 of 2016.

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9. The Parties in this writ petition are directed to appear before the Additional Commissioner, Settlement and Consolidation, Berhampur in S.R.P. No.1312 of 2016 on dated 24.12.2025 for the purpose of receiving the directions from the Additional Commissioner, Settlement and Consolidation, Berhampur (O.P. No.1) as to further proceedings of the said S.R.P. No.1312 of 2016 only in respect of Hal Plot No.396.

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10. As such, this writ petition filed by the Petitioner is disposed of finally.

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(A.C. Behera), Judge

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Orissa High Court, Cuttack 12.12.2025/

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Binayak Sahoo, Jr.Stenographer

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Signature Not Verified

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Digitally Signed Signed by: BINAYAK SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 15-Dec-2025 10:40:13