Petitioner challenged refusal to register conveyance deed for 'homestead' land citing Section 22 restriction. Court directed consideration by revenue authority per Hemanta Naik precedent, exempting urban homestead.
Direction that the matter be considered by the appropriate revenue authority in accordance with law, keeping in view the ratio in Hemanta Naik.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29481 of 2026
CNR No.ODHC010702912026
Bharat Bhoi
…. Petitioner Mr. P.K. Nayak, Advocate
-versus-
State of Odisha and Others
…. Opp. Parties
Ms. B. Dash, ASC
CORAM:
THE HON’BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No.
11.09.2026
Registering Authority declined to entertain the document of the Petitioner for registration on the ground that the land in question belong to the Scheduled Tribe Community, and the same cannot be transacted without the written permission of the Sub-Collector, Sadar, Sambalpur, according to Section 22 of the OLR Act.
“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.”
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ordinate Bench having not challenged by the Government, any further and the same reached finality in all respect there is no fetter on the part of this Court in disposing the present writ application, with a direction that the matter be considered by the appropriate authority in accordance with law, keeping in view the ratio in the matter of Hemanta Naik (supra) .
(Chittaranjan Dash)
Judge
AK Pradhan
Signature Not Verified
Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 12-Sep-2026 13:41:10
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3 issues framed by the court
Whether a conveyance deed involving 'homestead' land within a Municipal Corporation area is exempt from restriction under Section 22 of the Orissa Land Reforms Act.
Whether the direction in Hemanta Naik to approach the Tahasildar applies to this similar matter.
Whether the refusal of the Registering Authority to entertain the document was arbitrary.
Colour shows how this judgement treated each authority
Hemanta Naik & Others v. State of Odisha & OthersFollowed¶19
W.P.(C) No.27920 of 2023 in the matter of Hemanta Naik & Others v. State of Odisha & Others
2 provisions across 1 enactments
Bharat Bhoi
State of Odisha
Chittaranjan Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
