Records lost due to time can be reconstructed using authenticated copies, retaining their legal validity.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. Heard from the learned counsels of both the sides.

2. In this writ petition, the petitioner has prayed for directing Tahasildar, Ganjam (Opp. Party No.4) for reconstruction of the file of OLR Case No.8 of 1977 on the basis of the authenticated copies thereof supplied by the petitioner and to issue the Rayati Patta of the case land in favour of the petitioner as per the final order passed in that OLR Case No.8 of 1977.

3. Learned AGA for the State submitted on the basis of the letter dated 24.03.2025 issued by record keeper, Khalikote Tahasil to the Tahasildar, Khalikote that, “the records of OLR Case No.8 of 1977 under Section 36-A of the OLR Act has been wasted due to completion of 48 years and the question of tracing out of the same in future does not arise.”

4. Law has already been settled in a case between Arjun Padhi Vs. State reported in AIR 1952 (Orissa) 237 that, “when the record of a pending case is lost or destroyed, the Court or Authority has inherent power to reconstruct its records on the basis of its authenticated copies and the reconstructed records shall have the same efficacy/force as that of the original record.”

5. So, in view of the principles of law enunciated in the ratio of the above decision, the Tahasildar, Ganjam (Opp. Party No.4) is required to be directed to reconstruct the records of OLR Case No.8 of 1977 on the basis of the authenticated copies thereof supplied either by the petitioner or through other source and to act on the basis of previous orders passed in that OLR Case No.8 of 1977.

Therefore, there is merit in the writ petition filed by the petitioner. The same is to be allowed.

6. Hence, the writ petition filed by the petitioner is allowed con contest.

7. The Tahasildar, Ganjam (Opp. Party No.4) is directed to take steps for reconstruction of the records of OLR Case No.8 of 1977 on production of the certified copy of this Order by the petitioner before him along with the authenticated copies of the records/order-sheets of OLR Case No.8 of 1977 and to comply the previous orders of OLR Case No.8 of 1977 as per law and to complete all the processes of the said OLR Case No.8 of 1977 within a period of 2 months from the date of production of the certified copy of this Order before him (Opp. Party No.4).

8. Accordingly, the writ petition is disposed of finally.