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Mamita Behera v. Golakh Prasad Suar

Orissa HC27 Jul 2026WP(C)/636/2023

Case brief

AI extract

What is this about?

Consolidation of holdings; prevention of fragmentation of land; OHC and PFL Act amendment; Section 36-A validation of transactions; deletion of Sections 33, 34 and 35; subsection (2) of Section 35 eviction not reopened; Collector Balasore; Consolidation Misc. Case No.16 of 2020; impugned order dated 21.10.2022 set aside; writ of certiorari; Rule-Nisi; petitioner continued in possession; order of stay; agricultural land transfer partition fragmentation; Odisha Consolidation of Holdings and Prevention of Fragmentation of Land (Amendment) Act 2023; High Court of Orissa at Cuttack; Justice Sashikanta Mishra; W.P.(C) No.636 of 2023.

What did the court decide?

Impugned order dated 21.10.2022 (Annexure-7) passed by the Collector, Balasore in Consolidation Misc. Case No.16 of 2020 set aside in favour of the petitioner. ¶21

Mamita Behera Vs Golakh Prasad Suar — Orissa HC (2026) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.636 of 2023

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Mamita Behera ..... Petitioner Represented by Mr. B. Baug, Sr. Advocate with Mr. M.R.Baug, Advocate -versus- Golakh Prasad Suar and ..... Opposite Parties Ors Represented by Mr.N. Mohapatra, Advocate.

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER

Order No.

27.7.2026.

1. This matter is taken up through hybrid mode.

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Heard learned counsel for the Petitioner and learned Addl. Government Advocate for the State. 3. The Petitioner has approached this Court seeking the following relief:-

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“ Under the aforesaid facts and circumstances, it is, therefore, prayed that this Hon'ble Court may be graciously pleased to admit this writ petition and issue a 'Rule-Nisi' calling upon the Opposite Par ties to show cause a s to why the impugned order dated 21.10.2022 vide Annexure-7 passed by the Collector, Balasore in Consolidation Misc. Case No.16 of 2020 shall not be quashed and if the Opposite Parties or any one of them fail to show cause or show insufficient cause make the said rule absolute by issuing a writ of certiorari.”

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Though the order passed by the Collector on 21.10.2022 in Consolidation Case No.16/2020 is impugned yet, it is stated at the bar that the law having undergone change in the meantime in the form of amendment to the OHC and PFL Act, the order can no longer be sustained.

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Mr. Baug, learned Senior counsel appearing with Mr. M.R.Baug for the petitioner submits that the statute has been amended to insert a provision being Section 36-A by deleting Section 33, 34 and 35. The amended provision reads as follows:-

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“ 36A. Validation of the transactions: Any transfer or partition of agricultural land in a locality creating fragmentation made under the Principal Act before the commencement of the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land (Amendment) Act, 2023, shall be treated as valid:

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Page 2 of 3

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Provided that cases where any eviction has been made by the Collector under subsection (2) of Section 35 of the Principal Act as omitted in this Act shall not be reopened.”

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It is submitted that the petitioner has not been evicted and continues to be in possession.

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Mr. N. Mohapatra, learned counsel appearing for the opposite parties fairly submits that in view of the order of stay passed by this Court, the petitioner has continued to be in possession.

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