IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.20217 OF 2014

(An application under Articles 226 and 227 of the Constitution

of India)

*******

Safik Khan (Since Dead), represented

through his legal heirs

1 (a) Amina Bibi 1 (b) Imtaz Khan

1 (c) Intadul Khan

1 (d) Tahir Khan 1 (e) Sabera Bibi 1 (f) Afrooza Bibi

1 (g) Hasiba Bibi … Petitioners

-versus-

1. State of Odisha, represented through

its Secretary, Revenue and Disaster

Management Department, Odisha

Secretariat, Sachivalaya Marg,

Bhubaneswar

2. Additional District Magistrate,

Bhubaneswar, Dist-Khurda

3. Settlement Officer, Mouza-Andharua,

District-Khurda

4. Assistant Settlement Officer, Mouza-

Andharua, Rental Colony,

Bhubaneswar, District-Khurda

5. The Tahasildar, Bhubaneswar,

At/PO-Bhubaneswar 14, Dist.-Khurda … Opp. Parties

Advocate for the parties

For Petitioners : Mr. Suvashish Pattnaik,

Advocate

For Opposite Parties : Mr. Sabita Ranjan Pattnaik,

Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO Heard and Disposed of on: 19.11.2025

J U D G M E N T

By the Bench:-

1. This matter is taken up through hybrid mode.

2. Counter affidavit filed by the Assistant Settlement Officer, Rental Colony, Bhubaneswar on behalf of the Opposite Party No.1 is taken on record, being received from the Office. Copy of the same is served on Mr. Pattnaik, learned counsel for the Petitioners.

3. On consent of learned counsel for the parties, the matter is taken up for final disposal.

4. The Petitioner in this writ petition seeks to assail the undated order passed by the Assistant Settlement Officer, Rental Colony, Bhubaneswar in Objection Case No.7654 of 2013.

5. Mr. Pattnaik, learned counsel for the Petitioners submits that Shri Gobinda Barik and Smt. Gouri Barik of village- Andharua being the landless persons, applied for grant of lease in their favour. Accordingly, W.L. Case No. 40 of 1974 was initiated in respect of the application filed by Shri Gobinda Barik and W.L. Case No. 414 of 1974 was initiated by the Tahasildar, Bhubaneswar in respect of the application filed by Smt. Gouri Barik. Accordingly, Ac.0.680 dec. was settled in favour of Shri Gobinda Barik and Ac.0.660 dec. was settled in favour of Smt. Gouri Barik. Shri Gobinda Barik and Smt. Gouri Barik executed two Registered Sale Deed Nos. 5699 and 5698 respectively on 24^th July, 1981 in favour of one Laxman Kumar Nath and alienated the entire property in his favour on payment of consideration and delivered possession to said Laxman Kumar Nath. After death of Laxman Kumar Nath, his legal heirs for their legal necessity alienated the entire leasehold property in favour of the predecessor of the Petitioners, namely, Safik Khan, by virtue of Registered Sale Deed No. 1822 dated 27^th March, 1984 (Annexure-1). After purchase, said Safik Khan got the land mutated in his name and Record of Right (Annexure-2) was prepared accordingly. When said Safik Khan was enjoying the land in question with his right, title and interest, Lease Revision Case No. 699 of 1998 and Lease Revision Case No. 705 of 1998 were initiated by the Additional District Magistrate, Bhubaneswar in exercise of power under Section 7-A (3) of the Orissa Government Land Settlement Act, 1962 (for brevity, ‘the O.G.L.S. Act’).

6. Both the revision cases were disposed of without affording any opportunity to Safik Khan although he was in possession over the case land having right, title and interest thereon. Thus, the said Safik Khan filed two writ petitions viz., W.P.(C) No. 11028 of 2005 and W.P.(C) No. 7051 of 2006 assailing the said orders passed by the Additional District Magistrate in the revision cases. Both the writ petitions were disposed of by separate orders dated 5^th December, 2006 setting aside the orders passed in Revision Case No. 699 of 1998 and Revision Case No. 705 of 1998 holding that both the revision cases were time barred as those were initiated after 14 years from the date of settlement of the land in favour of the lessees. By that time, settlement operation in