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2025 Supreme(Ori) 797

IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C. BEHERA, J.
Anu Sen and Others – Appellants
Versus
Kumudini Dhada and Others – Respondents
W.P. (C) No. 17374 of 2023
Decided On : 17-09-2025

Advocates Appeared:
For the Appellants : Gautam Mishra, A.K. Dash
For the Respondents: Dwarika Prasad Mohanty, Gyanalok Mohanty

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.

Headnote:(A) Constitution of India, 1950 - Articles 226 and 227 - Writ petition for quashing orders of Addl. District Magistrate and Sub-Collector concerning remand proceedings - Court emphasized the scope of revision limited to legality and propriety of orders, not merits of the original order - Issue of whether the Revisional Authority exceeded jurisdiction by not addressing the remand legality raised. (Paras 7, 8, 10)

(B) Revisional Courts - It was determined that the Revisional Authority exceeded its jurisdiction and did not address the core issue of the remand, rendering the final decision unsustainable. (Paras 8, 9)

Facts of the case:
The petitioners challenged the final order of the Addl. District Magistrate, which set aside a prior order confirming their raiyat rights and remitted the case for fresh adjudication.

Findings of Court:
The court determined that the Revisional Authority's order was not sustainable as it did not address the specific legal question relating to the earlier remand order.

Issues: The key issue was the legal sustainability of the remand order by the Sub-Collector and whether the Revisional Authority appropriately assessed this.

Ratio Decidendi: The court articulated that the Revisional Court’s role is limited to assessing the legality of the order without substituting its merit, and the failure to consider the remand's legality invalidated the impugned order.

Result: Writ petition allowed; the order of the Addl. District Magistrate quashed and remitted for fresh adjudication.

Table of Content
1. factual background of property dispute. (Para 1 , 2)
2. court observations on hearing and remand. (Para 3 , 9)
3. arguments about the legality of remand order. (Para 4 , 6)
4. ratio regarding revision court limitations. (Para 7 , 8)
5. conclusion and order for remanding the case. (Para 10 , 11 , 12)

JUDGMENT :

A.C. BEHERA, J.

1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioners praying for quashing (setting aside) the final order dated 29.03.2023 (Annexure-1) passed in OLR Revision Case No.15 of 2005 by the Addl. District Magistrate, Balasore (O.P. No.10) and also to set aside the order dated 18.07.2005 (Annexure-3) passed in OLR Appeal No.1 of 1999 by the Sub-Collector, Balasore (O.P. No.11) and to confirm the order dated 08.12.1998 (Annexure-2) passed in OLR Case No.82 of 1997 by the Tahasildar, Soro (O.P. No.12).

2. The factual backgrounds of this writ petition, which prompted the petitioners for filing of the same is that, the petitioners filed an application before the Tahasildar, Soro (O.P. No.12) praying for conferring their raiyat right in respect of the case land.

On the basis of the said application, the O.P. No.12 instituted OLR Case No.82 of 1997 under Section 4 (5) of the O.L.R. Act, 1960 and as per order dated 08.12.1998 (Annexure-2) passed in that OLR Case No.82 of 1997, the O.P. No.12 declared to the petitioners as raiyats of the case land.

On being dissatisfied with the said order dated 08.12.1998 (Annexure-2) passed in OLR Case No.82 of 1997 by the Tahasildar, Soro, one Biswanath Dhada and Pradeep Sen preferred an appeal vide OLR Appeal No.1 of 1999 before the Sub-Collector, Balasore (O.P. No.11) challenging the said order dated 08.12.1998 (Annexure-2) passed in OLR Case No.82 of 1997 by the Tahasildar, Soro (O.P. No.12).

After hearing from both the sides, the Sub-Collector, Balasore (O.P. No.11) as per its order dated 18.07.2005 (Annexure-3) set aside to the order dated 08.12.1998 (Annexure-2) passed in OLR Case No.82 of 1997 by the Tahasildar, Soro (O.P. No.12) and remitted back the matter vide OLR Case No.82 of 1997 to the Tahasildar, Soro (O.P. No.12) for hearing of the same afresh after giving opportunity of being heard to the parties.

On being dissatisfied with the said order concerning the remand of the OLR Case No.82 of 1997 to the Tahasidlar, Soro for hearing of the same afresh as per order dated 18.07.2005 (Annexure-3) passed in OLR Appeal No.1 of 1999 by the Sub-Collector, Balasore (O.P. No.11), the respondents of that OLR Appeal No.1 of 1999 (petitioners in this writ petition) challenged the same by filing a revision vide OLR Revision No.15 of 2005 before the Addl. District Magistrate, Balasore (O.P.No.10).

After hearing the said OLR Revision No.15 of 2005 from both the sides, the Addl. District Magistrate, Balasore (O.P. No.10) passed its final order in that OLR Revision No.15 of 2005 on dated 21.09.2006 (Annexure-4) and set aside to the order dated 18.07.2005 passed by the Sub-Collector, Balasore in OLR Appeal No.1 of 1999 and confirmed to the order dated 08.12.1998 (Annexure-2) passed in OLR Case No.82 of 1997 by the Tahasildar, Soro (O.P. No.12).

Thereafter, the O.P Nos.1 & 2 in OLR Revision No.15 of 2005 filed writ petition vide W.P.(C) No.14985 of 2006 before this Court challenging the order dated 21.09.2006 (Annexure-4) passed in OLR Revision Case No.15 of 2005 by the Addl. District Magistrate, Balasore.

After hearing the said W.P.(C) No.14985 of 2006 from both the sides, this Court, as per its order dated 18.07.2019 (Annexure-5) passed in that W.P.(C) No.14985 of 2006 remitted back the matter vide OLR Revision No.15 of 2005 to the Addl. District Magistrate, Balasore (O.P. No.10) for its fresh adjudication.

On the basis of the final judgment dated 18.07.2019 (Annexure-5) passed in W.P.(C) No.14985 of 2006, the Addl. District Magistrate, Balasore (O.P. No.10) heard the OLR Revision Case No.15 of 2005 afresh from both the s

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