Minati Hota Vs Govt. of Orissa — Orissa HC (2025) — LawSathi Research

Minati Hota Vs Govt. of Orissa — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Order dated 22 August 2025 recalled; writ petition disposed of with a direction to the Additional Tahasildar, Bhubaneswar to take a decision in respect of the Petitioner in W.L. Case No.363 of 1969 preferably within four months of production of the certified copy, with opportunity of hearing to the parties concerned, and the Petitioner to cooperate for early disposal. Urgent certified copy to be granted on proper application.

Issue for consideration

Whether I.A. No. 15187 of 2025 seeking modification/recall of the order dated 22 August 2025 by which the writ petition was disposed of should be allowed. +1 more

Court's answer

Upon hearing learned counsel for the parties, the order dated 22 August 2025 passed in W.P.(C) No. 6978 of 2025 is recalled, and I.A. No. 15187 of 2025 is disposed of accordingly.

Ratio / Principle

Without delving into the merits of the Petitioner's case, the Court disposes of the writ petition with a direction that the Additional Tahasildar, Bhubaneswar shall take a decision in respect of the Petitioner in W.L. Case No.363 of 1969 as expeditiously as possible, preferably within a period of four months from the date of production of the certified copy of the order, giving opportunity of hearing to the parties concerned; the Petitioner is also to cooperate with the Additional Tahasildar for early disposal of W.L. Case No.363 of 1969.

Detailed headnote1 paragraphs

Division Bench of the Orissa High Court (K.R. Mohapatra and Savitri Ratho, JJ.), by order dated 28.10.2025, first recalled its earlier order dated 22 August 2025 disposing of W.P.(C) No. 6978 of 2025 upon the modification application (I.A. No. 15187 of 2025), and then heard the writ petition afresh on consent of counsel. The petitioner, Minati Hota, who along with Annapurna Rout and Salila Pattnaik had purchased parcels of land leased to Bipin Nayak, sought a direction to record her sub-plots in terms of the Tahasildar, Bhubaneswar's order dated 29 December 2006 (Annexure-7) in W.L. Case No.363 of 1969 — a proceeding under S. 3-B of the Odisha Government Land Settlement Act, 1962 in which the lease was cancelled and resumption ordered. Her earlier writ petition (W.P.(C) No.17809 of 2010, disposed of on 13 December 2010 in terms of the order dated 19 October 2006 in W.P.(C) No.12987 of 2006) had directed the Additional Tahasildar, Bhubaneswar to take a fresh decision on resumption of her land, but the proceeding remained undisposed despite her appearance. Without delving into the merits, the Court disposed of the writ petition directing the Additional Tahasildar, Bhubaneswar to decide the Petitioner's case in W.L. Case No.363 of 1969 as expeditiously as possible, preferably within four months of production of the certified copy, after affording opportunity of hearing to the parties concerned, with the Petitioner to cooperate for early disposal.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No. 6978 of 2025

Minati Hota …. Petitioner

Mr. Gokha Behera, Advocate

-versus-

1. Government of Odisha, Revenue Department represented through Secretary to Government, Revenue Department, Bhubaneswar

2. Collector, Nayagarh

3. Additional District Magistrate, Bhubaneswar

4. Tahasildar, Bhubaneswar

5. Additional Tahasildar, Bhubaneswar

…. Opp. Parties

Mr. Manmaya Kumar Dash, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

ORDER

Order No.

28.10.2025

I.A. No. 15187 of 2025

This matter is taken up through hybrid mode.

This is an application for modification of the order dated 22^nd August, 2025 by which the writ petition was disposed of.

Upon hearing learned counsel for the parties, order dated 22^nd August, 2025 passed in W.P.(C) No. 6978 of 2025 is recalled.

The I.A. is disposed of.

(K.R. Mohapatra) Judge

(Savitri Ratho)

Judge

PTO

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W.P.(C). No. 6978 of 2025

1. The writ petition (W.P.(C) No. 6978 of 2025) is heard afresh on consent of learned counsel for the parties.

The Petitioner in this writ petition prays for a direction to the Opposite Parties to record the sub-plots purchased by her in terms of the order dated 29^th December, 2006 (Annexure-7) passed by the Tahasildar, Bhubaneswar in W.L. Case No.363 of 1969 in respect of different purchasers.

It is submitted by Mr. Behera, learned counsel that the Petitioner along with Annapurna Rout and Salila Pattnaik, had purchased different parcels of land leased out in favour of Bipin Nayak. W.L. Case No.363 of 1969 was initiated against the lessee, Bipin Nayak under Section 3-B of the Odisha Government Land Settlement Act, 1962 and the lease granted in favour of Bipin Nayak was cancelled and land was directed to be resumed. Assailing the same, the Petitioner as well as Annapurna Rout and Salila Pattnaik filed different writ petitions before this Court. The writ petition filed by the Petitioner being W.P.(C) No.17809 of 2010 was disposed of on 13^th December, 2010 in terms of order dated 19^th October, 2006 passed in W.P.(C) No.12987 of 2006 filed by said Salila Pattnaik, directing the Petitioner to appear before the Additional Tahasildar, Bhubaneswar in W.L. Case No.363 of 1969. The Additional Tahasildar, Bhubaneswar was also directed to take a fresh decision so far as it relates to resumption of land purchased by the Petitioner. Accordingly, the Petitioner appeared before the Additional Tahasildar, Bhubaneswar. But, the said proceeding

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has not yet been disposed of. Being aggrieved by the inaction of the Additional Tahasildar, Bhubaneswar, this writ petition has been filed seeking for the aforesaid relief.

Hence, this Court without delving into the merits of the case of the Petitioner, disposes of the writ petition with a direction that the Additional Tahasildar, Bhubaneswar shall take a decision in respect of the Petitioner in W.L. Case No.363 of 1969 as expeditiously as possible preferably within a period of four months from the date of production of certified copy of this order giving opportunity of hearing to the parties concerned. The Petitioner shall also cooperate with the Additional Tahasildar, Bhubaneswar for early disposal of W.L. Case No.363 of 1969.

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

(K.R. Mohapatra) Judge

(Savitri Ratho)

Judge

Sukanta

Signature Not Verified

Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 29-Oct-2025 19:49:17

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