Debaraj Mohanty Vs State of Orissa

This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the Petitioners praying for quashing the final order dated 30.09.2024 (Annexure-5) passed in R.P. Case No.853 of 2015 by the Additional Commissioner, Land Records and Settlement, Cuttack1, Headquarters at Collectorate, Jajpur (O.P. No.2) on the ground that, though, there is finding in the body of the impugned order (Annexure-5) in favour of the O.P. Nos.4 to 9, but, in its conclusion, the R.P. Case No.853 of 2015 was dropped, which is confusing both the Parties i.e., whether the R.P. Case No.853 of 2015 has been allowed on merit or the same has been dropped without any merit.

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The learned counsel for the Petitioners contended for setting aside the impugned order dated 30.09.2024 also on the ground that, a civil suit vide C.S. No.745 of 2019 is sub-judice in respect of the case land between the Parties in the Court of learned Civil Judge, Senior Division, Jajpur, which has been targeted by this Court in C.M.P. No.550 of 2021 for its final disposal within eight months since 22.08.2025. According to him, when the civil suit in respect of the case land is pending between the Parties, the

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revenue authorities including the Commissioner (O.P. No.2) should not have interfered with the same, because, the said matter should have been left open to be decided by the Civil Court between the Parties for avoiding the multiplicity of litigations between the Parties in respect of the case land for all times to come.

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To which, the learned counsels for the O.P. Nos.4 and 7 objected contending that, as the findings in the impugned order dated 30.09.2024 is in their favour, for which, the Petitioners have come before this Court in order to set the said findings in order to use the same in their support in the civil suit, for which, the impugned order dated 30.09.2024 is not required to be quashed/interfered.

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When, it is well evident from the impugned order vide Annexure-5 that, there is contradictions between the observations and its final conclusion/finding, because, the observations have been made touching the merits of the case, but, as per its final findings, the same has been dropped, for which, the above nature of ambiguous order, which is creating confusion in the mind of the Parties, the same cannot be sustainable under law. Because,

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such type of order is not beneficial to either Party, only for the reason that, different interpretations may be crept in from the same.

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So, by taking the aforesaid ambiguous impugned order vide Annexure-5 passed by the Additional Commissioner, Land Records and Settlement, Cuttack-1, Headquarters at Collectorate, Jajpur (O.P. No.2) in R.P. Case No.853 of 2015 into account, there is justification under law for making interference with the same through this writ petition filed by the Petitioners.

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Therefore, there is merit in the writ petition filed by the Petitioners. The same is to be allowed.

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In result, the writ petition filed by the Petitioners is allowed.

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The impugned order dated 30.09.2024 (Annexue-5) passed in R.P. Case No.853 of 2015 by the O.P. No.2 is quashed.

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The matter vide R.P. Case No.853 of 2015 is remitted back to the O.P. No.2 for deciding the same afresh as per law after giving opportunity of being heard to the Parties in full compliance of the principles of natural justice taking into account to the pendency of the civil suit vide C.S. No.745 of 2019 between the

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Parties in respect of the self-same case land and the judgment dated 22.08.2025 passed in C.M.P. No.550 of 2021 by the High Court and the O.P. No.2 shall dispose of the said R.P. Case No.853 of 2015 within a period of one month from the date of appearance of the Parties before the O.P. No.2.

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The Parties of this writ petition are directed to appear before the Additional Commissioner, Land Records and Settlement, Cuttack-1, Headquarters at Collectorate, Jajpur (O.P. No.2) in R.P. Case No.853 of 2015 on dated 22.09.2025 for the purpose of receiving the directions of the O.P. No.2 as to the further proceedings of that R.P. Case No.853 of 2015.

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