The court confirmed that established land settlements must be respected and that authorities cannot alter classifications of land previously settled without valid justification under law.

JUDGMENT :

A.C. BEHERA, J.

1. 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 06.07.2024 (Annexure-6) passed in Misc. Case No.54 of 2024 (OSS-416 of 2015) by the Addl. Commissioner-cum-Addl. Revision Court-III, Bhubaneswar (O.P. No.2) and also to quash the order dated 15.07.2013 (Annexure-4) passed in Suo Motu Objection Case No.10280 of 2013 by the Assistant Settlement Officer, Rental Colony, Bhubaneswar (O.P. No.4) and to direct the Tahasildar, Bhubaneswar (O.P. No.5) to record the case land in the name of the petitioner correcting the same from the name of Government.

2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, one Hata Kishore Nayak S/o Dharamu Nayak was a military personnel. As per his application, five acres of land from the ear-marked land for Jawans i.e. from plot No.2076 under Khata No.645 in Mouza Andharua under Chandaka Police Station in the District of Khordha was allotted to him (Hata Kishore Nayak) as per order dated 30.12.1974 passed in (Jawan) W.L. Case No.1860 of 1974 by the Tahasildar, Bhubaneswar.

Thereafter, in the year 1983, a Lease Revision Case No.155 of 1983 was initiated before the Addl. District Magistrate, Bhubaneswar for cancellation of the above lease, which was granted in favour of Hata Kishore Nayak in (Jawan) W.L. Case No.1860 of 1974. As per the final order dated 07.11.1983 passed in Lease Revision Case No.155 of 1983, the settlement of the said land made in (Jawan) W.L. Case No.1860 of 1974 by the Tahasildar, Bhubaneswar in favour of Hata Kishore Nayak was cancelled on the ground of his ineligibility to get the same.

3. On being aggrieved with the said order of cancellation of settlement passed in Lease Revision Case No.155 of 1983 by the A.D.M., Bhubaneswar, Hata Kishore Nayak filed an O.G.L.S. Appeal No.2 of 1985 before the Revenue Divisional Commissioner, Cuttack, but that O.G.L.S. Appeal No.2 of 1985 was dismissed on dated 08.01.1987. To which, the petitioner challenged by filing a writ petition before this Court vide O.J.C. No.1689 of 1987.

4. After hearing, as per its final judgment dated 07.05.1991 passed in O.J.C. No.1689 of 1987 by this Court, the writ petition filed by Hata Kishore Nayak vide O.J.C. No.1689 of 1987 was allowed and the order of cancellation of settlement of land was set aside and the settlement of land i.e. five acres in favour of Hata Kishore Nayak in (Jawan) W.L. Case No.1860 of 1974 was restored.

5. When the judgment dated 07.05.1991 passed in O.J.C. No.1689 of 1987 in favour of Hata Kishore Nayak was not complied, then he (Hata Kishore Nayak) filed another writ petition vide O.J.C. No.9812 of 1993, wherein, direction was given to give effect to the judgment dated 07.05.1991 passed in O.J.C. No.1689 of 1987.

6. On the basis of the directions given by this Court in O.J.C. No.9812 of 1993, the Jamabandi Register vide Annexure-3 of the said allotted land i.e. five acres from Plot No.2076 under Khata No.645 in Mouza Andharua was prepared in the name of Hata Kishore Nayak creating a separate Plot vide Plot No.2076/3263 under separate Khata vide Khata No.645/137 for Ac.5.00 decimals and since then, Hata Kishore Nayak paid the rents for the same in his name and obtained rent receipts.

Thereafter, Hata Kishore Nayak sold Ac0.055 decimals out of Ac5.00 decimals from Plot No.2076/3263 under Khata No.645/137 in Mouza Andharua to the petitioner through R.S.D. No.3225 dated 05.07.1996 as per Annexure-2 and delivered possession thereof. Since then, the