Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.Behera, J.
Hrusikesh Meher - Petitioner
Versus
State of Orissa and Others - Opposite Parties
W.P.(C) No.10339 of 2024
Decided On : 21-11-2025
| Table of Content |
|---|
| 1. background of the case and parties involved. (Para 1 , 2 , 3 , 4) |
| 2. court's analysis of the procedural requirements. (Para 5 , 8 , 9 , 10) |
| 3. challenges to procedural fairness in olr case. (Para 6 , 7) |
| 4. legal precedents on compliance with procedural rules. (Para 11 , 12) |
| 5. conclusion directing remand for compliance with procedural justice. (Para 13 , 14 , 15) |
JUDGMENT :
A.C. Behera, J.
This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order dated 23.02.2024 (Annexure-1 Series) passed in OLR Case No.5 of 2024 under Section 4 (2) & (5) of the OLR Act, 1960 read with Rule 10 of the OLR (General) Rules, 1965 by the Tahasildar, Rampur in the District of Sonepur (O.P. No.2).
2. The petitioner in this writ petition was the O.P. and O.P. No.13 in this writ petition was the petitioner in OLR Case No.5 of 2024 before the Tahasildar, Rampur (O.P. No.2).
3. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, the O.P. No.13 (Subhrakesi Meher) presented an application in Form No.2 of the OLR Act, 1960 before the Tahasildar, Rampur (O.P. No.2) as per Section 4 (2) & (5) of the OLR Act, 1960 read with Rule 10 of The OLR (General) Rules, 1965 praying for confirmation of her Rayati status over the case land under Khata No.486 Chaka No.252 Plot No.543 Ac.1.040 decimals against the landlord-Hrusikesh Meher (petitioner in this writ petition) citing him (Hrusikesh Meher) as O.P. in her such application before the O.P. No.2.
On the basis of that application of the applicant/petitioner (O.P. No.13 in this writ petition), the Tahasildar, Rampur (O.P. No.2) registered OLR Case No.5 of 2024 under Section 4(2) & (5) of the OLR Act, 1960 and Rule 10 of the OLR (General) Rules, 1965.
In obedience to such notices, the O.P. of OLR Case No.5 of 2024 (petitioner in this writ petition) appeared before the O.P. No.2 on dated 08.02.2024 with his engaged advocate and asked for an adjournment of hearing of the said OLR Case No.5 of 2024 for filing of objection and his prayer was allowed by the O.P. No.2. The next date of OLR Case No.5 of 2024 was fixed to 17.02.2024 for filing of objection by the O.P. (petitioner in this writ petition).
On dated 17.02.2024, the engaged advocate of the petitioner of this writ petition (O.P. in OLR Case No.5 of 2024) prayed for an adjournment before the O.P. No.2 in OLR Case No.5 of 2024 through a petition stating that, the show-cause/objection could not be prepared due to the non- collection of some relevant documents and he will file the same on the next date, to which, the Tahasildar, Rampur (O.P. No.2) disallowed and passed final order in OLR Case No.5 of 2024 on the same day i.e. on 17.02.2024 for settlement of the case land in favour Babulu Meher, Thibu Meher, Bana Meher, Gopal Meher, Ganesh Meher, Susanta Meher, Saroj Meher, Indu Meher, Kumodini Meher, Pancha Meher & Subhrakeshi Meher (petitioner in OLR Case No.5 of 2024) assigning the reasons as follows:-
“Perused the field inquiry report of Revenue Inspector, Andharibanji. The R.I., Andharibanji in his field visit report conducted in presence of village gentry has reported that, the Successor-in-interest of Sikimi Tenants Late Purnabasi Meher D/o Ude Meher are personally cultivating the land. The report of R.I. revealed that, the following schedule of land recorded in the name of sub-tenants Late Purnabasi Meher D/o Ude Meher caste Bhulia of village Gajbandh in the Sikimi RoR and her following successor-in-interest are in peaceful possession over the case land using as personal cultivation. Hrusikesh Meher S/O Chamara Meher is the Landlord of the plots.
Considering the above facts/records/RoR and hearing all the parties, the undersigned is ascertained that, the flow of title of the case land is passing to the following sub-tenants or under- raiyats/successor-in-interest i.e. Babulu Meher, Thibu Meher, Bana Meher, Go
AI
The failure to provide a reasonable opportunity to a party in the proceedings contravenes the principles of natural justice, rendering the order invalid.
Sale deeds executed without permission under Section 22 of the OLR Act are void ab initio, and possession claimed based on such deeds cannot establish title through adverse possession.
The scope of a Revisional Court's review is limited to legality and propriety of orders, not merits; failure to address key legal issues renders such orders unsustainable.
Dismissal of land conversion application deemed unsustainable due to contradictions with prior court findings.
Civil courts retain jurisdiction to adjudicate title and possession claims despite tenant assertions under the Orissa Land Reforms Act, confirming earlier findings as binding.
Court recognized the inherent power to reconstruct lost records based on authenticated copies, mandating efficient case resolution by public authorities.
The main legal point established in the judgment is the requirement for a reasoned order and appropriate exercise of mind in deciding original proceedings, as well as the availability of clear statut....
Compliance with statutory requirements under the OLR Act is mandatory for granting permission to sell land; refusals based on conjecture are not sustainable.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
