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IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Basudev Ghadei – Appellant
Versus
Collector, Jajpur – Respondent
| Table of Content |
|---|
| 1. jurisdiction limits after final r.o.r publication. (Para 2 , 3) |
| 2. challenge to revision legality after seven years. (Para 5) |
| 3. procedural options available for aggrieved parties. (Para 6 , 7) |
| 4. writ petition granted, order quashed. (Para 8 , 9 , 10) |
JUDGMENT :
ANANDA CHANDRA BEHERA, J.
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order dated 08.06.2023 (Annexure-7) passed in O.S.S. Revision Case No.07 of 2022 by the Collector, Jajpur (Opp. Party No.1).
2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, the final R.o.R of the case land vide Khata No.830 plot No.22 Ac.0.250 decimals in Mouza-Banpur under Jajpur P.S. vide Annexure- B/2 was published by the Settlement Authorities under “Sthitiban” status in the name of the petitioner in the year 2015.
Seven years after the final publication of the said R.o.R vide Annexure-B/2, the Tahasildar, Jajpur (Opp. Party No.2) filed a revision before the Collector, Jajpur (Opp. Party No.1) vide O.S.S. Revision Case No.07 of 2022 under Rule 42-A of the OS&S Rules, 1962
The Collector lacked jurisdiction to cancel the final R.o.R after seven years, as the opposing party did not pursue the required legal remedies under the OS&S Act.
Settlement authorities cannot override confirmed property rights without lawful authority; Judicial review ensures adherence to due process in land ownership disputes.
Settlement authorities cannot alter confirmed land assignments without legal basis, emphasizing the need to respect prior land grants and judicial confirmations.
The High Court's orders are binding on subordinate authorities, and failure to follow such orders constitutes a usurpation of judicial authority.
The settlement authorities have acted without jurisdiction in passing the impugned orders and the final publication of the R.O.Rs. under Section 12-B of the Act, 1958 is not sustainable in the eyes o....
A writ petition under Articles 226 and 227 is maintainable when statutory authorities act without jurisdiction, allowing for correction of records even after finalization.
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....
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