Disposed¶15

Smrutiranjan Biswal v. State of Odisha

Orissa HC27 Jan 2026WA/1432/2025

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; WA No.1432 of 2025; Smrutiranjan Biswal v. State of Odisha & Ors.; Intra-Court Appeal; Writ Appeal; Orissa Land Reforms Act, 1960; Section 4(1)(a); Section 58; statutory appeal; Tahsildar order; alternative remedy; limitation period discount; WP(C) No.19449 of 2025; Single Judge order dated 18.07.2025; Dillip Kumar Pradhan v. State of Odisha; Writ Appeal No.2979 of 2024; Justice Dixit Krishna Shripad; Justice Chittaranjan Dash; decision dated 27.01.2026; liberty to approach appellate forum.

What did the court decide?

Liberty reserved to the Appellant to avail the statutory remedy in accordance with law; time spent in prosecuting this Writ Appeal to be discounted while computing the limitation period for the statutory appeal; Registry directed to return the impugned order after retaining a photostat copy thereof in the file.

Smrutiranjan Biswal Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Intra-Court Appeal should be disposed of with liberty to the Appellant to pursue the statutory appeal (under Section 58 of the Orissa Land Reforms Act, 1960) against the Tahsildar's order, instead of being decided on merits.

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Court's answer

The Writ Appeal is disposed of, reserving liberty to the Appellant to avail the statutory remedy (appeal under Section 58 of the Orissa Land Reforms Act, 1960) in accordance with law.

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Ratio / Principle

Time spent in the prosecution of this Writ Appeal shall be discounted while computing the period of limitation prescribed for the statutory appeal.

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Detailed headnote1 paragraphs

Writ Appeal (Intra-Court Appeal) — disposed of with liberty to pursue statutory remedy. The Appellant challenged a learned Single Judge's order dated 18.07.2025 whereby WP(C) No.19449 of 2025, questioning a Tahsildar's order under Section 4(1)(a) of the Orissa Land Reforms Act, 1960, had been negatived. Relying on a Co-ordinate Bench decision in Dillip Kumar Pradhan v. State of Odisha (Writ Appeal No.2979 of 2024, disposed of on 04.03.2025) showing that a statutory appeal lies under Section 58 of the Act, and with the learned AGA fairly conceding, the Division Bench (Dixit Krishna Shripad and Chittaranjan Dash, JJ.) disposed of the Appeal on 27.01.2026, reserving liberty to the Appellant to avail the statutory remedy in accordance with law, and directed that whatever time spent in prosecution of the Writ Appeal shall be discounted while computing the period of limitation prescribed for such statutory appeal. Registry to return the impugned order after retaining a photostat copy.

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IN THE HIGH COURT OF ORISSA AT CUTTACK WA No.1432 of 2025

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Smrutiranjan Biswal …. Appellant

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Represented by Adv.Mr. J. Pattanaik, Adv.

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-versus-

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State of Odisha & Ors. …. Respondents

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Represented by Adv.Mr. U.C. Behura, AGA

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CORAM:

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JUSTICE DIXIT KRISHNA SHRIPAD JUSTICE CHITTARANJAN DASH

ORDER

27.01.2026

Order No. 02.

This Intra-Court Appeal seeks to lay a challenge to a learned Single Judge’s order dated 18.07.2025, whereby his WP(C) No.19449 of 2025 calling in question the order of the Tahsildar made under the provisions of Section 4(1)(a) of Orissa Land Reforms Act, 1960, has been negatived. 2. Learned counsel appearing for the Appellant submits and he places on record a copy of decision of a Co-ordinate Bench in Writ Appeal No.2979 of 2024 between Dillip Kumar Pradhan v. State of Odisha, disposed off on 04.03.2025 in support that against the order of the Tahasildra, a statutory appeal is provided under Section 58 of the Act and therefore, appeal be disposed off granting liberty to approach the appellate forum.

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Page 1 of 2

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Learned AGA appearing for the Respondents very fairly submits that whatever alternative remedy, the Appellant wants to pursue, he may do it and therefore, Appeal be accordingly disposed off.

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In view of the above, Appeal is disposed off reserving liberty to the Appellant to avail the statutory remedy in accordance with law. Whatever time spent in prosecution of this Appeal, shall be discounted while computing the period of limitation prescribed for such Appeal. Registry to return the impugned order after retaining a photostat copy thereof in the file.

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Web copy of order to be acted upon by all concerned.

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(Dixit Krishna Shripad) Judge

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(Chittaranjan Dash) Judge

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Prasant

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Signature Not Verified

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Digitally Signed Signed by: PRASANT KUMAR SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 28-Jan-2026 11:19:35

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Smrutiranjan Biswal v. State of Odisha

Case brief

What is this about?

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Smrutiranjan Biswal v. State of Odisha

Case brief

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