Review jurisdiction is limited to correcting clear errors on record without re-examining merits; pending civil disputes do not bar administrative actions concerning public land.

JUDGMENT :

Sanjeeb K. Panigrahi, J.

1. The present Review Petitions, namely RVWPET No. 168 of 2024 and RVWPET No. 226 of 2025, were taken up together as both relate to the same parcel of land and arise out of the directions issued in separate writ petitions affecting the alleged possession of the review petitioners.

2. Since the controversy involved in both matters is interconnected, the Review Petitions are being disposed of by this common judgment/order.

3. RVWPET No. 168 of 2024 has been filed seeking review of the order dated 05.12.2023 passed in W.P.(C) No. 38779 of 2023. By the said order, directions were issued in respect of the case land, which, according to the review petitioner, have the effect of his eviction therefrom. The grievance put forth is that the said order was passed without impleading him as a party to the writ proceedings, though he claims to be in possession of the subject property.

4. RVWPET No.226 of 2025 has been filed seeking review of the order dated 12.08.2025 passed in W.P.(C) No.17808 of 2025, whereby this Court directed the Bhubaneswar Development Authority to clear the land stated to have been occupied by the present petitioners within a period of one month. The review petitioners contend that the direction was issued without affording them an opportunity of hearing and that the same adversely affects their claimed possession over the case land.

I. FACTUAL MATRIX OF THE CASE

5. The subject matter of dispute relates to land appertaining to Plot No. 1750 under Khata No. 1214 measuring Ac. 1.370 decimals in Mouza Bhubaneswar Sahar, Unit No. 23, Kapila Prasad, District Khordha. The land is stated to be bounded by a stone wall.

6. It is stated that initially the land was unused due to cutting of stone and used to remain a dry tank in summer and a tank in rainy season. Fifteen days prior to observance of Sital Sasthi Parva of Shree Lord Lingaraj in the year 1986, i.e., on 04.05.1986, the land was cleaned, filled and developed, trees were planted, boundary wall and asbestos house were constructed and a bore well was dug. More than rupees five lakhs were spent for such development.

7. The Bhubaneswar Sital Sasthi Committee is stated to be observing functions of Shree Lord Lingaraj over the said land and rituals are performed by spending contributions of the Committee.

8. In the settlement operation, the suit land was recorded in the name of the GA Department.

9. W.P.(C) No. 5630 of 2023 was filed seeking initiation of steps for removal of alleged illegal encroachment, which included the case land.

10. By order dated 01.03.2023 passed in W.P.(C) No. 5630 of 2023, liberty was granted to submit a fresh representation to the Director of Estate- cum-Ex-Officio, Addl. Secretary to Government, GA & PG Department, Bhubaneswar, who was directed to consider the same and pass orders in accordance with law.

11. When the State authorities came to the suit land and threatened dispossession, Civil Suit No. 1028 of 2023 was filed before the Court of the learned Civil Judge, Senior Division, Bhubaneswar seeking declaration of right, title and interest over the suit land, confirmation of possession and permanent injunction, impleading the GA Department, Government of Odisha and the Tahasildar, Bhubaneswar as defendants.

12. The GA Department entered appearance and filed written statement in the said Civil Suit on 06.