Location: HIGH COURT OF ORISSA CUTTACK Date: 03-May-2025 13:58:48 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO.15360 OF 2024 (An application under Articles 226 and 227 of the Constitution of India, 1950)

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1. Jagannath Sahu, S/o late Biswanath Sahu, 2. Lokanath Sahu, S/o late Biswanath Sahu, 3. Sasmita Sahu, W/o late Lingaraj Sahu, 4. Sibangi Sahu, D/o late Lingaraj Sahu

5. Subhrojeet Sahu, S/o late Lingaraj Sahu, (Sl. Nos.1 to 5 are resident of AT: Kabiraj Street, Hinjilicut, PO/PS:

Hinjili, Dist: Ganjam-761102)

6. M.J. Developers, a partnership firm between M/s Motwani Constructions Private Limited, represented through its Director, Mr. Pankaj Motwani, son of Dilip Kumar Motwani and M/s Jaiswal Construction Private Limited, represented through its Director, Mr. Mayank Jaiswal, son of Manohar Jaiswal, having their office at Flat No.402, Tarini Palace, Plot No.2, Saheed Nagar, Bhubaneswar-

7510017 …. Petitioners -versus-

1. State of Odisha, represented through its Secretary Revenue and Disaster Management Department, Secretariat Building, AT/PO/PS: Bhubaneswar

2. Tahasildar, Bhubaneswar, AT/PO:

Bhubaneswar, Dist: Khordha Location: HIGH COURT OF ORISSA CUTTACK Date: 03-May-2025 13:58:48

3. Collector, Khordha, AT/PO/Dist:

Khordha

4. Sub-Registrar, Khordha, AT/PO/Dist:

Khordha, …. Opp. Parties

5. Sujata Sahu, D/o Biswanath Sahu, AT:

Kabiraj Street, Hinjilicut, PO/PS: ….

Proforma Hinjili, Dist: Ganjam-761102 Opp. Party Advocate for the parties For Petitioners : Mr.Goutam Mukherji, Senior Advocate being assisted by Mr.SupratikAcharya, Advocate For Opp. Parties : Mr. Swayambhu Mishra, Additional Standing Counsel (For Opposite Party Nos.1 to 4)

CORAM:

JUSTICE K.R. MOHAPATRA Date of Hearing: 04.04.2025 :: Date of Judgment: 02.05.2025

JUDGM ENT

1. This matter is taken up through hybrid mode.

2. Inaction of Opposite Parties-functionaries of the State in changing status of the land mentioned in the Record of Right (ROR) from ‘Dakhal Satwa Sunya’ to ‘Stithiban’ is the subject matter of challenge in this writ petition.

3. Case of the Petitioners in brief relevant for adjudication is that Plot No.1312/1629 to an extent of Ac.2.00 decimal and Plot No.1318 to an extent of Ac.1.880 decimal, both under Khata No.343/136 situated in mouza Jagannath Prasad under Location: HIGH COURT OF ORISSA CUTTACK Date: 03-May-2025 13:58:48 Bhubaneswar Tahasil in the district of Khordha (for brevity ‘the case land’) stands recorded in the name of one Biswanath Sahu (father of Petitioner Nos.1 and 2 and proforma Opposite Party No.5). The Kisam of the case land is recorded as ‘Gharabari’. In Column No.3 of ROR, the status of the case land has been described as ‘Dakhal Satwa Sunya’. Petitioner Nos.1 to 5 are the successors of the recorded tenant, namely, late Biswanath Sahu. It is pertinent to mention here that late Biswanath Sahu and his wife Sarojini Sahu had three sons, namely, Jagannath, Lingaraj and Lokanath and one daughter, namely, Sujata. Sujata Sahu has been added as proforma Opposite Party No.5 to the writ petition. Lingaraj Sahu is dead leaving behind Petitioner Nos.3 to 5 as his legal heirs. During his life time, the recorded tenant, namely, Biswanath Sahu had executed a Power of Attorney-cum- Development Agreement (Annexure-2) in favour of the Developer, namely, Petitioner No.6-M.J. Developers for development of the case land. The recorded tenant died on 22^nd January, 2018 leaving behind his legal heirs as stated above.

3.1 Government in Revenue and Disaster Management Department issued letter RDM-CHS-PGOT-0303-2020/L No.3063/R and DM dated 28^th January, 2021 (Annexure-6) to all Collectors of the State instructing them to initiate suo motu cases and correct the status of the case land to ‘Stithiban’ wherever the status of land is recorded as ‘Bajyapti Stithiban’, ‘Dakhal Satwa Bisista’ and ‘Dakhal Satwa Sunya’. In the said letter, it is observed that the Department vide letter No.47582 dated 12^th October, 1990 had issued a set of instructions titled as ‘Rayati J