The court emphasized the importance of providing an opportunity to be heard in settlement processes and upheld the validity of the documents presented by the petitioners.

ORDER

K.R. Mohapatra, J. - Petitioners being aggrieved by order dated 25.05.2017 (Annexure-8) passed by the Additional SubCollector, Jajpur (OP No.3) in Settlement Appeal [Suit No.101 of 2017 (84 of 2017)] have filed this Writ Petition in which, the claim of the Petitioners to record Hal Plot No.113 under Hal Khata No.182 to an extent of Ac.0.20 decimal situated in Mouza Umapada under Vyasanagar tahasil in the district of Jajpur (for short, 'the case land') in their name has been rejected.

2. Short narration of facts as reveal from the averments made in the writ petition are that, one Sri Jogi Mallick being a landless person was settled with Sabik Plot No.1/491 under Khata No.126 to an extent of Ac.1.00 decimal in mouza Umapada under Vyasanagar tahasil in the district of Jajpur in Lease Case No.58 of 1963-64. Said Jogi Mallick executed a gift deed in favour of his son-in-law, namely, Sri Hrusikesh Mallick on 23.01.1974 in respect of the lease hold property and delivered possession thereof to him. Due to legal necessity, said Hrusikesh Mallick after obtaining permission from the competent authority under Section 22 of the Orissa Land Reforms Act, 1960 (for short, 'the OLR Act') alienated the case land out of the lease hold property in favour of the father of the petitioners, namely, Pravakar Mishra vide Registered Sale Deed dated 06.05.1974. Father of the petitioners thereafter went on paying rent in respect of the case land. While the matter stood thus, the settlement operation started in the area. During settlement operation, Yadast was prepared in the name of Pravakar Mishra and draft R.O.R. was also published under Section 12 of the Orissa Survey and Settlement Act, 1958 (for short, 'the Settlement Act') under Annexure-6 in his name under stithiban status fixing the rent. In the meantime, the Tahasildar, Sukinda issued notice (Annexure-9) to the original lessee, namely, Jogi Mallick to submit his willingness to part with an area of Ac.0.17.5 decimals out of his lease hold property for construction of a stadium. Since the father of the petitioners had already purchased the land by then, he filed Lease Case No.6 of 2009 before the Tahasildar, Vyasanagar to settle the land in his name and give an area of Ac.0.20 decimal in lieu of the acquisition of land for construction of stadium. Pursuant to the direction of the Tahasildar, Vyasanagar in Lease Case No.6 of 2009, an enquiry was conducted. The Revenue Inspector, Kantajhari submitted his report on 06.05.2009 (Annexure-10) stating therein that since father of the petitioners was in occupation of the case land which is required for construction of stadium, an alternative site should be settled with him. While the matter stood thus, on the basis of letter No.1027 dated 21.02.1991 issued by the Tahasildar, Vyasanagar-opposite party No.4, the Assistant Settlement Officer, Jajpur initiated Objection Case No.6142 and directed the case land to be recorded in Government khata under 'Anabadi' status vide his order dated 30.04.1991 (Annexure-7). Neither the father of the petitioners nor the petitioners were served with notice nor given opportunity of hearing in the said objection case. Thus, the petitioners were ignorant about the order under Annexure-7.

2.1 Accordingly, the case land was recorded in the name of the Government. The petitioners subsequently came to know about the order passed by the Assistant Settlement Officer under Annexure-7 and moved this Court in W.P.(C) No. 4633 of 2017 assailing the said order. This Court, vide order dated 21.03.2017, disposed of the writ petition granting liberty to the petitioners to file an appeal under Section 22 of the Settlement Act assailing the order passed under Annexure-7. Accordingly, the petitioners filed appeal, which was registered as Suit No.101 of 2017. The Additional Sub-Collector, Jajpur-opposite party No.3, on verification of the materials placed before him, came to hold that the Hal Plot No.113 to an extent of Ac.0.200 decimals wit