Binodini Mohanty Vs State of Odisha — Writ and Judicial Review | Orissa HC (2026)

Binodini Mohanty Vs State of Odisha — Writ and Judicial Review | Orissa HC (2026)

What the court decided

AI extract

Outcome

Writ Petition allowed: impugned order dated 23.07.1987 in Revision Case No.213 of 1986 set aside; matter remitted to the Additional District Magistrate, Bhubaneswar for fresh adjudication with opportunity of hearing to all parties including the Petitioner, who may file objections and documents; interim order dated 17.07.2025 in IA No.5997 of 2025 vacated; no order as to costs.

Issue for consideration

Whether the order dated 23.07.1987 passed by the Additional District Magistrate, Bhubaneswar in Lease Revision Case No.213 of 1986 cancelling the lease, without notice or opportunity of hearing to the Petitioner in whose favour the case land had already been recorded, is bad in law being violative of principles of natural justice and liable to be set aside. +1 more

Court's answer

No document was filed by the Opposite Parties to show that the Petitioner was served with any notice or given an opportunity of hearing in Revision Case No.213 of 1986; since the case land, part of the leasehold property, stood recorded in the Petitioner's name by the date the revision under S.7-A(3) was initiated, she should have been given an opportunity of hearing.

Ratio / Principle

Non-application of mind by the Additional District Magistrate, Bhubaneswar while adjudicating Revision Case No.213 of 1986 is apparent.

Key takeaways

The impugned order dated 23.07.1987 passed in Revision Case No.213 of 1986 is bad in law being violative of principles of natural justice and is set aside.ratio¶42
The delay in filing the Writ Petition stands explained: the Petitioner, not having been served with any notice in Revision Case No.213 of 1986, had no occasion to know of the order or of the cancellation of the lease until she approached the Tahasildar's office in 2024 for conversion of the case land to 'Gharabari'.ratio¶42
The matter is remitted to the Additional District Magistrate, Bhubaneswar to adjudicate Lease Revision Case No.213 of 1986 afresh, giving opportunity of hearing to the parties concerned including the Petitioner, who is at liberty to file her objection and relevant documents.

Detailed headnote1 paragraphs

Writ Petition (Articles 226/227, Constitution of India) against order dated 23.07.1987 of the Additional District Magistrate, Bhubaneswar in Lease Revision Case No.213 of 1986 under S.7-A(3) of the Odisha Government Land Settlement Act, 1962 cancelling the lease granted by the Tahasildar, Bhubaneswar in W.L. Case No.950 of 1974 to the Petitioner's vendor Balamani Dei (Ac.1.000 decimal, Plot No.1958, Khata No.805, mouza Andharua). The vendor had alienated Ac.0.500 decimal to the Petitioner by registered sale deed dated 24.02.1981 and mutation ROR stood in the Petitioner's name. No notice was served on the Petitioner in the revision case though the case land stood recorded in her name. Writ filed in 2025 after the Petitioner learnt of the cancellation when seeking conversion to 'Gharabari'. Held: the Petitioner should have been heard; non-application of mind by the ADM is apparent; the impugned order is bad in law being violative of principles of natural justice and is set aside; delay in filing is explained; matter remitted to the ADM for fresh adjudication with hearing to all parties including the Petitioner; interim order dated 17.07.2025 in IA No.5997 of 2025 vacated; no costs. (Bench: K.R. Mohapatra and S.K. Mishra; 'By the Bench'; decided 11.02.2026.)