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ORISSA HIGH COURT : CUTTACK
ANANDA CHANDRA BEHERA
Tarini Gouda – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. writ petition for record reconstruction. (Para 1 , 2) |
| 2. records of case have been lost due to age. (Para 3) |
| 3. court can reconstruct lost records. (Para 4 , 5) |
| 4. writ petition allowed for reconstruction. (Para 6 , 7 , 8) |
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
Records lost due to time can be reconstructed using authenticated copies, retaining their legal validity.
Court recognized the inherent power to reconstruct lost records based on authenticated copies, mandating efficient case resolution by public authorities.
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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.
Dismissal of land conversion application deemed unsustainable due to contradictions with prior court findings.
The court held that elderly and vulnerable litigants merit expedited proceedings, emphasizing the need for timely justice in their cases.
The principle of res judicata prevents re-litigation of previously settled land ownership disputes, especially against procedural lapses, reaffirming established ownership under the Orissa Estates Ab....
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