ORISSA HIGH COURT : CUTTACK

WP(C) No. 22449 of 2025

An application under Articles 226 & 227 of the Constitution of

India. ***

Rabi Narayan Satpathy .…… Petitioner

-VERSUS-

State of Odisha & Others ……….. Opposite Parties

Counsel appeared for the parties:

For the Petitioner : Mr. B.K. Ragada, Advocate.

For the Opposite Parties : Mr.B.B.Mishra, Advocate

(for the O.P. Nos.3 to 6)

Mr.Gyanalok Mohanty, SC

(for the O.P. Nos.1 and 2)

P R E S E N T:

HONOURABLE

MR. JUSTICE ANANDA CHANDRA BEHERA

Date of Hearing: 15.10.2025 :: Date of Judgment : 15.10.2025

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 order dated 03.03.2025 (Annexure-1) passed in R.P. Case No.107 of 2025 by the learned Additional Commissioner, Land Records & Settlement, Cuttack-I, Hqrs at Collectorate, Jajpur (O.P. No.1) on the ground that, the impugned order has been passed against the Petitioner without giving any opportunity of being heard to him (Petitioner) and without issuing any notice to the Petitioner in R.P. Case No.107 of 2025, because, instead of issuing notice in R.P. Case No.107 of 2025, the O.P. No.1 had issued notice to the Petitioner in R.P. Case No.102 of 2025 and had made the said notice sufficient on the Petitioner in R.P. Case No.107 of 2025, through R.P. Case No.102 of 2025 has no nexus/connection with R.P. Case No.107 of 2025.

2. Heard from the learned counsel for the Petitioner, the learned counsel for the O.P. Nos.3 to 6 and the learned Standing Counsel for the O.P. Nos.1 and 2.

3. It is well evident from the copy of the S.R. vide Annexure-3 that, in fact, notice in R.P. Case No.107 of 2025 was not issued to the Petitioner, but, instead of notice in R.P. Case No.107 of 2025, the notice of R.P. Case No.102 of 2025 was issued to the Petitioner by the O.P. No.1 and on the basis of service of notice in R.P. Case No.102 of 2025 on the Petitioner, the order was passed for service of notice in R.P. Case No.107 of 2025 against the Petitioner, though, in fact, no notice in R.P. Case No.107 of 2025 was served on the Petitioner.

4. So, in view of non-service of summon/notice in R.P. Case No.107 of 2025 on the Petitioner, it is held that, the impugned final order passed on dated 03.03.2025 in R.P. Case No.107 of 2025 by the learned Additional Commissioner, Land Records & Settlement, Cuttack-I, Hqrs at Collectorate, Jajpur (O.P. No.1) against the Petitioner without service of notice in R.P. Case No.107 of 2025 on him (Petitioner) is against the principles of natural justice, which cannot be sustainable under law.

For which, the impugned order dated 03.03.2025 (Annexure-1) passed in R.P. Case No.107 of 2025 by the learned Additional Commissioner, Land Records & Settlement, Cuttack-I, Hqrs at Collectorate, Jajpur (O.P. No.1) is liable to be set aside.

5. So, there is merit in the writ petition filed by the Petitioner.

The same must succeed.

6. In result, the writ petition filed by the Petitioner is allowed.

7. The impugned order dated 03.03.2025 (Annexure-1) passed in R.P. Case No.107 of 2025 by the learned Additional Commissioner, Land Records & Settlement, Cuttack-I, Hqrs at Collectorate, Jajpur (O.P. No.1) is quashed.

8. The matter vide R.P. Case No.107 of 2025 is remitted back to the learned Additional Commissioner, Land Records & Settlement, Cuttack-I, Hqrs at Collectorate, Jajpur (O.P. No.1) to decide the same afresh as per law after giving opportunity of being heard to the Parties of this writ petition along with others, if any, complying the principles of natural justice as expeditiously as possible within a period of three months from the date of appearance of the Parties in R.P. Case No.107 of 2025 before the O.P. No.1.

9. The Parties to the writ petition are directed to appear before the O.P. No.1 in R.P. Case No.107 of 2025 on dated 29.10.2025 and to file the certified copy of this judgment for the purpose of receiving directions of the O.P. No.1 as to further proceedi