Disposed¶18

Dr.Nrusingha Pr.Moha v. State and Ors.

Orissa HC9 Oct 2025WP(C)/5598/2014

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; WP(C) No.5598 of 2014; disposed 09.10.2025 by Ananda Chandra Behera, J.; land settlement recording refused despite sale deed; liberty to file revision under Section 15(b) OSS Act, 1958 before the Commissioner; Section 14 Indian Limitation Act, 1963 applied to condone limitation for bona fide wrong-forum filing; time-bound disposal within three months; reliance on W.P.(C) No.14955 of 2014 and other decisions relied by petitioner.

What did the court decide?

Liberty to the petitioner (or his LRs) to file a revision under Section 15(b) of the OSS Act, 1958 before the Commissioner, annexing the certified copy of this order; the Commissioner to entertain it without objection on limitation under Section 14 of the Indian Limitation Act, 1963 and decide on merit within three months; urgent certified copy on proper application.

Dr.Nrusingha Pr.Moha Vs State and Ors. — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether the writ petition concerning non-recording of the case land in the petitioner's name during settlement should be disposed of with liberty to seek recording through revision under Section 15(b) of the OSS Act, 1958 before the Commissioner. +1 more

¶14

Court's answer

The writ petition is disposed of finally, granting the petitioner liberty 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.

¶14

Ratio / Principle

If the petitioner or his LRs file the revision before the Commissioner 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 approached the wrong forum bonafidely.

¶17

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 of the revision, taking into account the decisions relied upon by the petitioner in the writ petition, including the judgment in W.P.(C) No.14955 of 2014.ratio¶17

Detailed headnote1 paragraphs

The High Court of Orissa at Cuttack (Ananda Chandra Behera, J.) disposed of a writ petition in which the petitioner's case land had not been recorded in his name during settlement despite a sale deed in his favour and records of possession and lease. Instead of granting recording in the writ jurisdiction, the Court gave the petitioner liberty to file a revision under Section 15(b) of the OSS Act, 1958 before the Commissioner. The Court directed that, if the petitioner or his legal representatives filed such revision annexing the certified copy of the order, the Commissioner shall entertain it without questioning limitation, invoking Section 14 of the Indian Limitation Act, 1963, on the ground that the petitioner had bonafidely approached the wrong forum by filing the writ petition, and shall decide the revision on merit within three months of its filing, taking into account the decisions relied on by the petitioner, including the judgment in W.P.(C) No.14955 of 2014.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.5598 of 2014

¶2

Nrusingha Prasad Mohapatra ..... Petitioner

¶3

Represented By Adv. - M/s.Prasanna Ku.Mishra

¶4

-versus-

¶5

State of Orissa And Ors. ..... Opposite Parties Represented By Adv. –

¶6

G. Mohanty, SC

¶7

CORAM:

¶8

MR. JUSTICE ANANDA CHANDRA BEHERA

ORDER

09.10.2025

Order No.

1. This matter is taken up through hybrid mode.

¶13

Heard from the learned counsels of both the sides.

¶14

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.

¶15

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

¶16

Page 1 of 2.

¶17

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.

¶18