Dambarudhar Bharasagar Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Dambarudhar Bharasagar Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Tahasildar, Maneswar, Sambalpur to consider the petitioner's grievance in light of the judgment in Hemanta Naik (supra) within two months, upon the petitioner filing certified copies of this order and that judgment before the Tahasildar; the direction operates provided the petitioner applies for registration of the sale deed before the Registering Authority within two weeks.

Issue for consideration

Whether the petitioner — submitting that his case is squarely covered by the ratio in Hemanta Naik (W.P.(C). No. 27920 of 2023 and batch) — is entitled to a direction that Opp. Party No. 3 (Tehsildar) re-examine the status of the land as mentioned in the sale deed, and that Opp. Party No. 4 allow transfer of the land.

Court's answer

Since the petitioner's prayer is similar to the grievance in the batch of writ applications, the present writ application is disposed of directing the Tahasildar, Maneswar, Sambalpur to consider the petitioner's grievance in light of the judgment passed in Hemanta Naik (supra) within two months.

Ratio / Principle

The petitioner shall file a certified copy of this order and the aforementioned (Hemanta Naik) judgment before the Tahasildar, and the order shall operate provided the petitioner applies for registration of the sale deed before the Registering Authority within two weeks from today.

Detailed headnote1 paragraphs

W.P.(C). No. 22911 of 2026 (Dambarudhar Bharasagar v. State of Odisha and Ors.), High Court of Orissa at Cuttack — disposed of by Sashikanta Mishra, J. (order dated 23.07.2026). Relying on the ratio in Hemanta Naik vrs. State of Odisha, W.P.(C). No. 27920 of 2023 and batch (order dt. 23.08.2024), the petitioner prayed for a direction to the Tehsildar (Opp. Party No. 3) to re-examine the status of the land mentioned in his sale deed and to Opp. Party No. 4 to allow transfer of the land. Finding the prayer similar to the grievances in the batch of writ applications, the Court disposed of the writ application directing the Tahasildar, Maneswar, Sambalpur to consider the grievance in light of the Hemanta Naik judgment within two months, the petitioner to file certified copies of this order and that judgment before the Tahasildar; the direction operates provided the petitioner applies for registration of the sale deed before the Registering Authority within two weeks.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No. 22911 of 2026

Dambarudhar Bharasagar ….

Petitioner

Represented by Mr. D.R. Bhokta, Advocate

-Versus -

State of Odisha and Ors.

Opposite Parties …. Represented by Mr. G. Mohanty, SC

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_ 23.07.2026

Order No. 01.

This matter is taken up through hybrid mode.

2. The petitioner has approached this Court with the following

prayer:

“In the facts and circumstances narrated above and in the interest of justice it is therefore, prayed that this Hon'ble Court may graciously be pleased to: --

I. Direct the Opp. Party No. 3 (Tehsildar) to re-examine the status of the land as mentioned in sale deed as per Order dt. on 23.08.2024 passed by this Hon'ble Court in W.P.(C) No. 27920 of 2023 (Hemanta Naik & Others vs State of Odisha & Others) and batch of cases.

II. Further be pleased to direct the Opp. Party No. 4 to allow the transfer of land within a stipulated time;

And pass such other order/orders, direction /directions as may be deemed fit and proper.

For this act ofkindness the petitioner as in duty bound shall remain ever pray.”

It is submitted by the petitioner that his case is squarely covered by the ratio decided in the case of Hemanta Naik vrs. State of Odisha in W.P.(C). No. 27920 of 2023 and batch wherein

a coordinate Bench of this Court held as follows:

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“18. In the result this court disposes of all the writ petitions granting liberty to each Petitioner to approach the competent Revenue Authority, i.e. concerned Tahasildar to give his opinion on the usability of the land and in such event the concerned Tahasildar is directed to give his opinion in respect of each specific land of respective Petitioners regarding its usability for agricultural purpose any more in the present scenario, within a period of 60 days from the date of application. Depending upon the opinion of the Revenue Authority, the Petitioners are at liberty to approach the registering officer again.”

Since the petitioner’s prayer is similar to the grievance of the petitioner in the batch of writ applications, the present writ application is disposed of directing the Tahasildar, Maneswar, Sambalpur to consider the grievance of the petitioner in light of the judgment passed in Hemanta Naik (supra) within two months from today. The petitioner shall file a certified copy of this order and the aforementioned judgment before the Tahasildar. This order shall operate provided that the petitioner applies for registration of the sale deed before the Registering Authority within two weeks from today.

Issue urgent certified copy as per Rules.

( Sashikanta Mishra) Judge

A.K. Rana

Signature Not Verified

Digitally Signed Signed by: AJAYA KUMAR RANA Designation: P.A. Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 23-Jul-2026 17:30:46

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