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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C. BEHERA
Debasis Mohanty – Appellant
Versus
State of Odisha – Respondent
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 order dated 06.09.2024 passed in OSS Case No.664 of 2022 by the Addl. Commissioner, Addl. Revision Court-IV, Odisha, Bhubaneswar (Opposite Party No.2) under Section 15(b) of the O.S.S. Act, 1958 read with O.S.S. Rules, 1962.
2. Heard from the learned senior advocate for the petitioner and learned ASC for the State (O.P. Nos.1 to 4).
3. During the course of hearing, learned senior advocate for the petitioner drew attention of this Court to the impugned order dated 06.09.2024 passed in OSS Case No.664 of 2022 contending that, the said order has been passed in dismissing the OSS Case No.664 of 2022 filed by the petitioner “on the ground of non-availability of the certified copy of the orders passed in Waste Land Lease Case No.137 of 1968-69 in respect of the case land in spite of giving opportunity to the petitioner for the production of the same. For which, flow of title of the suit land is not established in favour of the petitioner due to non-availability of the certified copy of the orders passed in W.L. Case No.137 of 1968
Court highlighted the necessity of natural justice in adjudicating disputes, affirming that parties must be given opportunities to present their case.
Substantial justice prevails over technicalities; courts should provide opportunities to parties to file necessary documents to ensure fair hearings.
Authority under statutory law must act within defined limits; remitting issues back to lower authorities without jurisdiction is invalid.
The authority to hear revisions under the OSS Act rests with the Board of Revenue, not the Tahasildar, reaffirming the necessity for adherence to statutory provisions.
A writ petition under Articles 226 and 227 is maintainable when statutory authorities act without jurisdiction, allowing for correction of records even after finalization.
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.
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.
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