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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Chandra Prakash Rath – Appellant
Versus
State of Odisha, represented through the Secretary, Department of Revenue and Disaster Management, Bhubaneswar – Respondent
JUDGMENT :
A.C. Behera, J. -
This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for setting aside the order of dismissal of the OLR Case No.2001 of 2022 (arising out of W.P.(C) No.31109 of 2024) under Section 8A of the OLR Act passed on dated 25.03.2025 under Annexure-11 by the Additional Tahasildar, Bhubaneswar (Opposite Party No.5).
2. I have already heard from the learned counsel for the petitioner and the learned Additional Standing Counsel for the Opposite Parties.
3. It appears from the impugned order dated 25.03.2025 passed in OLR Case No.2001 of 2022 under Annexure-11 by the Additional Tahasildar, Bhubaneswar(Opposite Party No.5) that, the said OLR Case No.2001 of 2022 under Section 8A of the OLR Act was initiated as per the order of this Court passed in W.P.(C) No.31109 of 2024 for conversion of land of the petitioner vide Khata No,.474/4656, Plot No.299/1823/2663 Ac.0.060 decimals and Plot No.299/1823/2664/4974 Ac.0.020 decimals in total Ac.0.080 decimals in Mouza-Patia, Thana No.22 in the district of Khurda under Bhubaneswar Tahasil from Baje Phasala-2 to Gharabari Kissam, but, the Additional Tahasildar,
Dismissal of land conversion application deemed unsustainable due to contradictions with prior court findings.
The failure to provide a reasonable opportunity to a party in the proceedings contravenes the principles of natural justice, rendering the order invalid.
Sale deeds executed without permission under Section 22 of the OLR Act are void ab initio, and possession claimed based on such deeds cannot establish title through adverse possession.
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.
Authorities cannot refuse to accept an application for legal redress without providing a hearing, to uphold an individual's right to seek justice.
The court mandated referral of a mutation case to the Revenue Divisional Commissioner, emphasizing adherence to procedural requirements set by prior judgments regarding land conversion applications.
Authorities must maintain consistency with prior unchallenged decisions, as deviation without justification undermines legal fairness and jurisdiction.
Compliance with statutory requirements under the OLR Act is mandatory for granting permission to sell land; refusals based on conjecture are not sustainable.
Accrued rights cannot be retrospectively altered; initial orders deemed illegal invalidate subsequent actions made under them.
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