IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.11775 of 2022

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

Tilottama Nayak and Others …. Petitioners

-versus-

State of Odisha and Others …. Opposite Parties

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Petitioners - Mr. B.K. Behera-1,

Advocate.

For Opposite Parties- Smt. J. Sahoo,

Addl. Standing Counsel.

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing :28.11.2025 :: Date of Judgment :28.11.2025

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 final order dated 24.09.2019 (Annexure-3) passed in Revision Petition No.222 of 2015 by the Commissioner, Land

Records & Settlement, Board of Revenue, Odisha, Cuttack.

2. Heard from the learned counsel for the petitioners and learned ASC

for the State.

3. The factual backgrounds of this writ petition, which prompted the petitioners for filing of the same is that, they (petitioners) had filed revision petition vide Revision Petition No.222 of 2015 under Section 15(b) of the O.S.S. Act, 1958 before the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack praying for recording of the case land in their favour on the basis of the judgment and decree passed in a suit for partition vide C.S. No.141 of 2005 by the learned Civil Judge (Jr. Division), Jajpur, but the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack dismissed to the said Revision Petition No.222 of 2015 of the petitioners on the ground of non- filing of the certified copy of the final decree passed in the suit vide C.S.

No.141 of 2005.

4. During the course of hearing of the writ petition, learned counsel for the petitioners submitted that, at present, he is armed with the certified copy of the final decree passed in the suit vide C.S. No.141 of 2005 and he can file the same before the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack, if the matter vide Revision Petition No.222 of 2015 shall be remanded to the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack for deciding the same afresh after setting aside the impugned order dated 24.09.2019 (Annexure-3).

5. It is the settled propositions of law that, “the rights of the parties are to be adjudicated/decided upon the merits of controversies between them. Any party should not be thrown out merely on technicalities. The, Law Courts will lose their efficacy, if they cannot possibly respond to the needs of the societies. Technicalities their might be many, but, the justice oriented approach ought not to be thwarted on the basis of such technicality, since technicality cannot and ought not to outweigh the course of justice. So, law courts should always be in favour of giving opportunity to the parties to meet their case on merits instead of debarring them to adjudicate their rights on technical grounds.”

6. When, the Revision Petition No.222 of 2015 of the petitioners has been dismissed on a technical ground i.e. for non-submission of the certified copy of the final decree passed in the suit vide C.S. No.141 of 2005 and when the petitioners are interested to submit the same before the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack, if the matter will be remanded for its fresh hearing and when no party should be thrown out merely on technicality, as every case is required to be decided on merit, then at this juncture, by applying the above principles of law, I find no justification to disallow the writ petition filed by the petitioners.

Therefore, the impugned order i.e. rejection to the Revision Petition No.222 of 2015 of the petitioners passed on dated 24.09.2019 (Annexure-3) by the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack is liable to be quashed.

7. As such, there is merit in the writ petition filed by the petitioners