IN THE HIGH COURT OF ORISSA AT CUTTACK

(An application under Articles 226 and 227 of the Constitution of India)

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Arati Ray,

W/o- Bibhuti Bhusan Ray,

Plot No.621, G.G.P. Colony,

Rasulgarh, P.S.-Mancheswar,

Bhubaneswar, Dist-Khurda …… Petitioner

-Versus-

(1) State of Odisha, represented

by it’s Secretary to Revenue and Disaster Management

Department, At-Lok Seva Bhawan,

Bhubaneswar, Dist-Khurda

(2) The Additional Commissioner,

Under Member, Board of Revenue, Odisha,

4^th Floor, HOD Building, Bhubaneswar,

Dist- Khurda

(3) The Tahasildar,

Bhubaneswar, Dist-Khurda

(4) The Additional Tahasildar, Bhubaneswar,

At-Bhubaneswar, Dist-Khurda

(5) Smt. Sailabala Sethi,

W/o-Late Bhaskar Sethi

(6) Manoj Kumar Sethi

S/o.Late Bhaskar Sethi

(Both Sl. Nos. 5 and 6 are of At/P.O.-Paikarapur,

P.S.-Chandaka, Via-Janla, Dist-Khurda)

.…… Opp. Parties

Advocates appeared:

For Petitioner : Mr. Prafulla Kumar Rath, Sr. Advocate

Ms.Sradha Das, Advocate

For Opp. Parties : Mr. Siba Narayan Biswal,

Additional Standing Counsel

CORAM :

JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ------------------------------------------------

Heard and disposed of on 02.09.2025 ----------------------------------------------

JUDGMENT

By the Bench;

1. The Petitioner, in this writ application, seeks to assail the order dated 11th April, 2025 passed by the Tahasildar, Bhubaneswar (Opposite Party No.3) in Mutation Case No.29183 of

2022 (Annexure-1).

2. Mr. Rath, learned Senior Advocate appearing for the Petitioner submits that under a piece of government land pertaining to Sabik Plot No.324/1245 in Sabik Khata No. 424/59 having total area of Ac.0.575 dec. of Mouza- Sankarpur, Tahasil- Bhubaneswar was leased out in favour of one Bhaskar Sethi in W.L. Case No.909 of 1972 and recorded as such in the name of the lessee. When the matter stood thus, the Petitioner purchased an area of Ac.0.100 dec. corresponding to Hal Plot No.2447 (Ac.0.1250 Dec.) and Hal Plot No.2448 (Ac.0.1800 Dec.) under Hal Khata No. 2077 of Mouza- Sankarpur, Tahasil- Bhubaneswar (for brevity ‘the case land’) from the leasehold property of said Bhaskar Sethi vide registered sale deed No.1910 dated 23^rd December, 1985, which is supported by a permission under Section 22 of the Odisha Land Reforms Act, 1960 obtained by said Bhaskar Sethi (the lessee). Subsequently, the entire leasehold property of said Bhaskar Sethi including the land purchased by the Petitioner was resumed in exercise of power under section 3-B of the Odisha Government Land Settlement Act, 1962 (for brevity, ‘the OGLS Act’). The Petitioner being not noticed was not aware of the said order. When the order of resumption came to her notice, the Petitioner challenged the same in W.P.(C) No.19387 of 2009. This Court vide order dated 29^th July, 2011 (Annexure-2) set aside the order of resumption so far as it relates to the extent of land purchased by the Petitioner. Thereafter, the Petitioner filed a mutation case to record the case land in her name. The said mutation case was registered as Misc. Case No.79 of 2012 on the file of Tahasildar, Bhubaneswar. Since no order was passed in the said mutation case, the Petitioner filed W.P.(C) No.8308 of 2014, which was disposed of on 25.06.2014 (Annexure-3) with a direction to the Tahasildar, Bhubaneswar to dispose of mutation case within a period of four months from the date of production of certified copy of the said order. When the matter stood thus, the land purchased by the Petitioner was recorded in the name of the State Government in the settlement operation. Thus, the Petitioner filed a Revision under Section 15(b) of the Odisha Survey Settlement Act, 1958 (for brevity, the Settlement Act’) to correct the entries made in the Record of Right and record the case land in her favour. The said revision under Section 15(b) of the Settlement Act was registered as OSS Case No.1109 of 2019. The said revision was disposed of vide order dated 29^th July, 2022 (Annexure-6) with a direction to the Tahasildar, Bhubaneswar to record the case land in the