IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.1440 of 2008

(An application under Articles 226 and 227 of the Constitution of India, 1950) Dhaneswar Ray (since dead) …. Petitioners

through his LRs

-versus-

State of Odisha and Others …. Opposite Parties

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Petitioners - Mr. N. P. Parija.

Advocate.

For Opposite Parties - Ms. J. Sahoo,

Addl. Standing Counsel.

None (for O.P. No.4)

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing :09.12.2025 :: Date of Judgment :23.12.2025

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

Constitution of India, 1950 has been filed by the petitioner praying for quashing (setting aside) the impugned order dated 22.06.1999 (Annexure- 10) passed in OLR Revision Petition No.4 of 1997 by the Land Reforms Commissioner, Orissa (O.P. No.3) as well as the impugned order dated 28.12.2007 (Annexure-11) passed in OLR-RC Case No.62 of 2001 by the

Member, Board of Revenue, Orissa, Cuttack (O.P. No.2).

2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, the case land was recorded by the Consolidation Authorities in the name of the petitioner on the basis of the

order dated 22.09.1975 passed in OLR Case No.223 of 1975 under Section 36-A of the OLR Act, 1960.

The O.P. No.4 in this writ petition i.e. Sri Sri Gopinath Jew and Raghunath Jew Bije, Kujanga challenged to the said order dated 22.09.1975 passed in OLR Case NO.223 of 1975 under Section 36-A of the OLR Act, 1960 by the Revenue Officer, Kujang in favour of the petitioner i.e. Dhaneswar Ray by filing an OLR Revision Petition No.4 of 1997 under Section 59(2) of the OLR Act, 1960 in the Court of Land Reforms Commissioner, Board of Revenue, Odisha, Cuttack praying for referring the matter to the Member, Board of Revenue in terms of Section 59(2) of the OLR Act, 1960 for adjudication of the same in order to pass an order for recording of the case land in the name of Sri Sri Gopinath Jew and Raghunath Jew Bije, Kujanga after correcting the name of the petitioner from the same.

3. In OLR Revision Petition No.4 of 1997 under Section 59(2) of the OLR Act, 1960 before the Land Reforms Commissioner, Board of Revenue, Odisha, Cuttack, Sri Sri Gopinath Jew and Raghunath Jew Bije, Kujanga was the petitioner and Dhaneswar Ray was the O.P.

4. After hearing from both the sides, as per final order dated 22.06.1999 (Annexure-10) passed in OLR Revision Petition No.4 of 1997, the Land Reforms Commissioner, Board of Revenue, Odisha, Cuttack (O.P. No.3) referred the case to the Member, Board of Revenue, Odisha, Cuttack (O.P. No.2) in terms of Section 59(2) of the OLR Act, 1960 for adjudication.

5. On the basis of such reference made in OLR Revision Petition No.4 of 1997 passed on dated 22.06.1999 (Annexure-10), a case vide OLR-RC Case No.62 of 2001 was initiated before the Member, Board of Revenue, Odisha, Cuttack (O.P. No.2).

6. After hearing of the said OLR-RC Case No.62 of 2001, the O.P. No.2 as per its order dated 28.12.2007 (Annexure-11) set aside to the order dated 22.09.1975 passed in OLR Case No.223 of 1975 under Section 36-A of the OLR Act, 1960 in favour of the petitioner and “directed to the Tahasildar, Tirtol to correct the R.o.R. of the suit land from the name of the petitioner in the Consolidation R.o.R. and to record the same in the Anabadi Khata of the State Government stating that, Tahasildar should evict the petitioner (Dhaneswar Ray) and his successors-in-interest from the suit land and to take over the possession of the same.”

7. On being aggrieved with the said impugned order dated 28.12.2007 (Annexure-11) passed in OLR-RC Case No.62 of 2001, the petitioner challenged the same by filing this writ petition praying for quashing the order dated 22.06.1999 (Annexure-10) passed in OLR Revision Petition No.4 of 1997 by the Land Reforms Commissioner, Orissa (O.P. No.3) as well as to the order dated 28.12.2007 (Annexure-11) passed in OLR-RC