Bindu Das Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Bindu Das Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of finally with liberty to the petitioner to file a revision under Section 15(b) of the Orissa Survey and Settlement Act, 1958 before the Commissioner, annexing the certified copy of this order; the Commissioner is to entertain and dispose of the revision as per law, in full compliance with the principles of natural justice, expeditiously, after hearing the petitioner; urgent certified copy of the order to be granted on proper application.

Issue for consideration

Whether, the settlement operation having concluded and the final RoR having been published, the petitioner (whose name does not appear in the RoR) can obtain relief in this writ petition or must instead approach the Commissioner by filing a revision under Section 15(b) of the Orissa Survey and Settlement Act, 1958. +1 more

Court's answer

Taking the submissions of learned counsel for the petitioner into account, the Court held it proper to dispose of the writ petition finally, giving the petitioner the opportunity to approach the Commissioner by filing a revision under Section 15(b) of the Orissa Survey and Settlement Act, 1958.

Ratio / Principle

Upon the petitioner filing the revision annexing the certified copy of this order, the Commissioner shall entertain and dispose of the same as per law, in full compliance with the principle of natural justice, as expeditiously as possible, giving the petitioner an opportunity of being heard.

Detailed headnote1 paragraphs

Writ petition under Article 226 jurisdiction of the High Court of Orissa (W.P.(C) No.21517 of 2025, decided 25.09.2025 by A.C. Behera, J.) challenging an order of the Assistant Settlement Officer, Rental Colony, Bhubaneswar passed during continuation of settlement operations. During pendency, counsel for the petitioner informed the Court that the settlement operation had been completed and final publication of the RoR made, and that the RoR was not published in the petitioner's name, leaving him the remedy of revision before the Commissioner under Section 15(b) of the Orissa Survey and Settlement Act, 1958. Taking that submission into account, the Court disposed of the writ petition finally with liberty to the petitioner to file such revision annexing the certified copy of the order, and directed that upon such filing the Commissioner shall entertain and dispose of the revision as per law, in full compliance with the principles of natural justice, as expeditiously as possible, giving the petitioner an opportunity of being heard. Urgent certified copy was ordered.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.21517 of 2025

Jugal Kishore Mohanty

.....

Petitioner(s) Mr. T.K. Nayak, Advocate

-versus-

State of Odisha and others

Opposite Party(s) Ms. J. Sahoo, ASC

CORAM:

THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA

ORDER Order No. 25.09.2025

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

The petitioner has been filed this writ petition challenging the order passed by the Assistant Settlement Officer, Rental Colony, Bhubaneswar during continuation of the settlement operation.

Heard from the learned counsel for the petitioner and learned Additional Standing Counsel for the State.

Learned counsel for the petitioner submitted that, in the meantime, settlement operation has already been completed and final publication of the RoR has been made. For which, the only remedy is available to the petitioner is to approach the Commissioner under Section 15(b) of the Orissa Survey and Settlement Act, 1958, which is not published in his name.

Taking the aforesaid submissions of the learned counsel for the petitioner into account, it is felt proper to dispose of the writ petition finally giving opportunity of hearing to the petitioner to approach the Commissioner by filing a revision under Section 15(b) of the Orissa Survey and Settlement Act, 1958.

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In case of filing of the revision by the petitioner annexing the certified copy of this order, the Commissioner shall entertain and dispose of the same as per law in full compliance of the principle of natural justice as expeditiously as possible giving opportunity of being heard to the petitioner.

As such, the writ petition is disposed of finally.

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

( A.C. Behera ) Judge

Jagabandhu

Signature Not Verified

Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 25-Sep-2025 15:42:50

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