Manoranjan Panda Vs State and Ors. — Orissa HC (2025) — LawSathi Research

Manoranjan Panda Vs State and Ors. — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner (or his LRs) to file revision under Section 15(b) of the OSS Act, 1958 before the Commissioner for recording of the case land in his name; the Commissioner to entertain it without questioning limitation under Section 14 of the Indian Limitation Act, 1963 and to decide it on merit within three months, considering the decisions relied upon by the petitioner including W.P.(C) No.14955 of 2014.

Issue for consideration

Whether the case land should be recorded in the petitioner's name on the basis of the sale deed in his favour and other connected records regarding his possession and lease, it having not been so recorded during settlement.

Court's answer

The writ petition is disposed of finally, giving the petitioner liberty to file revision under Section 15(b) of the OSS Act, 1958 before the Commissioner praying for recording of the case land in his name.

Ratio / Principle

If the petitioner or his LRs file the revision annexing the certified copy of this order, the Commissioner shall entertain it without questioning limitation, invoking Section 14 of the Indian Limitation Act, 1963, as the petitioner had bona fide approached the wrong forum by filing this writ petition.

Key takeaways

The Commissioner shall decide the revision on merit as per law as expeditiously as possible within three months from the date of filing, taking into account the decisions relied upon by the petitioner before this Court, including the judgment in W.P.(C) No.14955 of 2014.ratio¶19

Detailed headnote1 paragraphs

Writ Petition (Civil) disposed of finally with liberty to the petitioner to file a revision under Section 15(b) of the OSS Act, 1958 before the Commissioner, praying for recording of the case land in his name, which had not been done during settlement despite the sale deed in his favour and connected records of possession and lease. The Commissioner is directed to entertain such revision, if filed with a certified copy of this order, without questioning limitation by invoking Section 14 of the Indian Limitation Act, 1963, on the ground that the petitioner had bona fide approached the wrong forum by filing the writ petition, and to decide the revision on merit within three months, taking into account the decisions relied upon by the petitioner, including the judgment in W.P.(C) No.14955 of 2014.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.5597 of 2014

Manoranjan Panda

..... Petitioner

Represented By Adv. - M/s.PrasannaKu.Mishra

-versus-

State of Orissa And Ors.

..... Opposite Parties Represented By Adv. –

G. Mohanty, SC

CORAM:

MR. JUSTICE ANANDA CHANDRA BEHERA

ORDER

09.10.2025

Order No.

1. This matter is taken up through hybrid mode.

Heard from the learned counsels of both the sides.

Upon hearing from the learned counsels of both the sides, it is felt proper to dispose of the writ petition finally giving liberty to the petitioner to file revision under Section 15 (b) of the OSS Act, 1958 before the Commissioner praying for recording of the case land in his name because during the settlement, the land has not been recorded in his name on the basis of the sale deed in his favour and other connected records regarding his possession and lease.

In case of filing of the revision by the petitioner or LRs of the petitioner annexing the certified copy of this order before the Commissioner, the Commissioner shall entertain the same without questioning about the

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limitation invoking the provisions under Section 14 of the Indian Limitation Act, 1963 as the petitioner had approached the wrong forum bonafidely by filing this writ petition and the Commissioner shall decide the same on merit as per law as expeditiously as possible within a period of three months from the date of filing of revision taking into account to the decisions (those were relied by the petitioner before this Court in this writ petition) including the judgment passed in W.P.(C) No.14955 of 2014.

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

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: 09-Oct-2025 17:26:02

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