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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Lingaraj Infrastructure Pvt. Ltd. – Appellant
Versus
State of Odisha, represented by Principal Secretary, Revenue and Disaster Management Department, Government of Odisha, Bhubaneswar – Respondent
| Table of Content |
|---|
| 1. quashing of impugned order challenged (Para 1 , 2) |
| 2. writ petition justified against illegal order (Para 3 , 12) |
| 3. hearing terms with counsel for both parties (Para 4 , 5) |
| 4. propositions on retrospective legal effects (Para 6 , 7 , 8) |
| 5. arguments against the retrospective effect of notification (Para 9 , 10 , 11) |
| 6. final order quashing and directives (Para 13 , 14 , 15) |
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 quashing the impugned order dated 15.11.2025(Annexure-1) passed by the Additional Tahasildar, Bhubaneswar(Opposite Party No.5) in Suo Motu Mutation Case No.11202 of 2025 and to direct the Tahasildar, Bhubaneswar(Opposite Party No.4) to keep the SATWA STATUS in the RoR of the case land as “STHITIBAN”, which was prior to the passing of the impugned order dated 15.11.2025(Annexure-1).
2. As per the case of the petitioner, the case land was settled in the name of one Sitabai Gupta for agricultural purposes by the Government under a permanent lease in W.L. Case No.2003/78. The said permanent lease of the case land for agricultural purposes in favour of Sit
Accrued rights in land records cannot be retrospectively altered; any changes must respect established legal principles and processes.
Accrued rights cannot be retrospectively altered; initial orders deemed illegal invalidate subsequent actions made under them.
Accrued rights cannot be retroactively altered by government amendments; initial illegal orders invalidate subsequent actions.
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