IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.36380 of 2023

(An application under Articles 226 and 227 of the Constitution of India, 1950)

R. Surya Prakash Rao and another …. Petitioners

-versus-

State of Odisha and Others …. Opposite Parties

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Petitioners - Mr. B. Routray,

Sr. Advocate.

assisted by

Mr.J. Biswal,

Advocate.

For Opposite Parties- Mr. S. Nayak,

Addl. Standing Counsel.

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing :27.10.2025 :: Date of Judgment :31.10.2025

A.C. Behera, J. This writ petition under Articles 226 and 227 of the

Constitution of India, 1950 has been filed by the petitioners praying for quashing (setting aside) the impugned order dated 21.02.2023 (Annexure- 7) passed in OLR (Ceiling) Revision Case No.1 of 2022 {arising out of OLR (Ceiling) Case No.175 of 1975} by the Additional District

Magistrate, Gajapati (O.P. No.3).

2. I have already heard from the learned senior counsel for the

petitioners and learned Additional Standing Counsel for the State.

3. The W.P.(C) No.11931 of 2024 filed by the widow mother of the petitioners challenging the order dated 11.01.2023 passed by the Additional District Magistrate, Gajapati (O.P. No.3) arising out of the same OLR (Ceiling) Case No.175 of 1975 was listed along with this writ petition and the said W.P.(C) No.11931 of 2024 was heard on dated 27.10.2025 at the time of hearing of this writ petition and after conclusion of hearing of both the writ petitions, the said W.P.(C) No.11931 of 2024 and this writ petition were kept reserved for judgment.

4. As per the judgment passed in W.P.(C) No.11931 of 2024, the matter vide OLR (Ceiling) Revision Case No.1 of 2019 arising out of OLR (Ceiling) Case No.175 of 1975 has been remanded back for its fresh hearing along with the OLR Revision Case No.1 of 2022 (from which the present writ petition has arisen) analogously assigning the reasons that, “both the revision cases vide OLR (Ceiling) Revision Case No.01 of 2019 & OLR (Ceiling) Revision Case No.01 of 2022 had arisen out of one ceiling case vide OLR (Ceiling)

Case No.175 of 1975.”

5. So, in view of the aforesaid findings and observations made in judgment passed in W.P.(C) No.11931 of 2024 by this Court, the impugned order dated 21.02.2023 (Annexure-7) passed in OLR (Ceiling) Revision Case No.1 of 2022 arising out of OLR (Ceiling) Case No.175 of 1975 by the Additional District Magistrate, Gajapati (O.P. No.3) is required to be set aside and the OLR (Ceiling) Revision Case No.1 of 2022 is required to be remanded back for its hearing afresh by the Additional District Magistrate, Gajapati (O.P. No.3) analogously with the OLR (Ceiling) Revision Case No.1 of 2019 and to dispose of both the revision cases vide OLR (Ceiling) Revision Case No.01 of 2019 & OLR (Ceiling) Revision Case No.01 of 2022 analogously through a common judgment for no other reason, but in order to have the just and proper decision of both the revision cases in order to avoid the multiplicity of litigations between the parties in future for the selfsame issues arising out of one ceiling case vide OLR (Ceiling) Case No.175 of 1975.

6. Therefore, this writ petition filed by the petitioners is to be allowed in part for the reasons assigned above.

7. In result, the writ petition filed by the petitioners is allowed in part.

The impugned order dated 21.02.2023 (Annexure-7) passed in OLR (Ceiling) Revision Case No.1 of 2022 {arising out of OLR (Ceiling) Case No.175 of 1975} by the Additional District Magistrate, Gajapati (O.P. No.3) is quashed (set aside).

The matter vide OLR (Ceiling) Revision Case No.01 of 2022 is remitted back (remanded back) to the Additional District Magistrate, Gajapati (O.P. No.3) to decide the same afresh as per law analogously with OLR (Ceiling) Revision Case No.01 of 2019 after giving opportunity of being heard to the parties thereof complying the principles of natural justice as expeditiously as possible within a period of three months