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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R. MOHAPATRA, SAVITRI RATHO
Simple Sujata Mishra – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner claims ownership of land. (Para 2 , 3) |
| 2. respondents argue against writ petition's maintainability. (Para 4 , 5) |
| 3. court issues order for individual case considerations. (Para 6 , 7) |
| 4. settlement authority's order deemed without jurisdiction. (Para 10 , 11) |
| 5. order to correct land records in favor of petitioner. (Para 12 , 13 , 14) |
JUDGMENT :
1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition seeks to assail the order dated 6th August, 2013 (Annexure-5) passed by the Additional Sub-Collector-cum-Settlement Officer, Bhubaneswar in Appeal Case No.4163 of 2013.
3. Mr. Mishra, learned counsel for the Petitioner submits that initially, Plot No.583/1651 to an extent of Ac.1.000 decimals of Khata No.325/59 in Mouza Pathargadia under Bhubaneswar Tahasil in the district of Khurda (erstwhile district of Puri) was leased out in the name of one, Pitabasa Behera by the Tahasildar, Bhubaneswar in W.L. Lease Case No.1645 of 1974 and Record of Right (RoR) was prepared in his name. Subsequently, said Pitabasa Behera, for his legal necessity, sold out different portions of the leasehold property to different persons through his Power of
An order made without jurisdiction is void and cannot be sustained; ownership rights established must be recognized despite conflicting authority actions.
An order made without jurisdiction is null and void, reinforcing the established property rights in land ownership disputes under the Odisha Survey and Settlement Act, 1958.
A writ petition under Articles 226 and 227 is maintainable when statutory authorities act without jurisdiction, allowing for correction of records even after finalization.
Orders made by statutory authorities lacking jurisdiction can be challenged in writ petitions, especially when valid leases are ignored, affirming the court's authority to rectify such errors.
Writ petitions are maintainable where statutory authorities exceed or usurp their jurisdiction, particularly when prior valid leases are ignored, necessitating correction of Record of Rights in favor....
Authority cannot cancel confirmed leases under a different statute, maintaining jurisdiction of High Court to intervene when lower authority exceeds legal bounds.
The court ruled that administrative bodies must act within jurisdiction, and violations of due process make orders void, reinforcing the court's authority to intervene in such instances.
The resumption of land under Section 3-B cannot be solely based on observations of land lying fallow; substantial evidence of actual non-use for its intended purpose is required.
Settlement authorities cannot override confirmed property rights without lawful authority; Judicial review ensures adherence to due process in land ownership disputes.
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