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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Failure to challenge the RoR within the prescribed period results in the entries being presumed correct, and subsequent suits may be barred. For example, ["2025 0 Supreme(Ori) 437"] notes, the 1970 settlement RoR was never challenged within the prescribed period of three years as per Section 42 of the Act.
Analysis and Conclusion:
Land disputes in Odisha often revolve around the (ROR), a crucial document outlining land ownership and rights. A common query arises: under the Odisha Survey and Settlement Act, does Section 42 impose a two-year limitation from the date of ROR publication? Many landowners wonder, odish survey and settlment act section 42 limitation two years from the date of publiion of ror?
This blog post clarifies the actual provisions, focusing on Section 15(b) rather than Section 42, and explains the one-year limitation for revision applications. We'll explore judicial interpretations, related sections like 42, and practical advice. Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your case.
The (OSSA), governs land surveys, settlement operations, and maintenance of ROR. of ROR under Section 12-B marks a key milestone, after which corrections or revisions follow strict timelines to ensure finality and prevent . 2017 0 Supreme(Ori) 1209
The Act balances landowners' rights to correct errors with public interest in stable records. Revision applications go to the , but time limits are critical.
Contrary to assumptions of a two-year period, Section 15(b) prescribes a one-year limitation from the of ROR under Section 12-B. The section states:
The may in any case direct — ... on application, made within one year from the date of under Section 12-B, the or any portion thereof whether within the said period of one year or thereafter... 2017 0 Supreme(Ori) 1209
Key takeaways:- Primary limit: One year—applications must typically be filed within this period.- 'Or thereafter' clause: Allows flexibility beyond one year, but only within a reasonable time. Courts interpret this strictly. 2017 0 Supreme(Ori) 1209- No two-year mention: The Act explicitly avoids any two-year provision under Section 15(b). 2017 0 Supreme(Ori) 1209
This ensures timely justice, as limitations are essential to prevent . 2017 0 Supreme(Ori) 1209
Courts have consistently ruled that delays beyond reasonable periods bar applications, even with the 'thereafter' phrase. In a key judgment:
Admittedly, the proceeding was initiated after long lapse of . Even though the statute does not prescribe any period of limitation, but for entertaining an application at such a belated stage, specific reason has to be assigned by the revisional authority. 2017 0 Supreme(Ori) 1209
The court held a 37-year delay unreasonable, dismissing the revision. Precedents like Laxminarayan Sahu v. State of Orissa (1991) and Labanyabati Devi v. Member, (1993) reinforce: claims after or more are typically not 'reasonable.' 2017 0 Supreme(Ori) 1209
Another ruling emphasizes:
The law settled... is that entertaining the claim after twelve years or more cannot be held to be within reasonable period. 2017 0 Supreme(Ori) 1209
While the query mentions Section 42, it's often linked to for ROR correction, not revisions. Several cases clarify:
Three-year limitation for suits: Under Section 42, suits to correct ROR entries must generally be filed within three years from publication. For instance:
The period of limitation is three years for institute of the suit under . 2019 0 Supreme(Ori) 179
Not always applicable: If the suit is for /interest, not mere ROR correction, Section 42 limitation may not apply.
The suit is not for correction of ROR. Thus limitation prescribed under Section 42... does not apply. 2019 0 Supreme(Ori) 114
In another case:
On going a reading to the plaint in entirety, it has held the suit to be one for declaration of right, title and interest over the suit land for which the limitation provided in section 42... has been held as no bar. 2021 0 Supreme(Ori) 283
These distinctions highlight: choose the right remedy—revision under Section 15(b) () vs. suit under Section 42 (, if applicable).
: For mutations post-decree, file within under Section 4. 2025 Supreme(Online)(Tel) 57701
Mutation corrections: Post-ROR publication, Tahasildars lack jurisdiction for pre-publication factual changes. Aggrieved parties have revision within or civil suit within . 2011 0 Supreme(Ori) 223
: Even without strict limits, unreasonable delays (e.g., decades) invoke laches. Courts demand satisfactory cause. 2003 0 Supreme(Ori) 585
In contexts, similar principles apply, prioritizing evidence of title.
DHARMANANDA SAHU vs STATE
ANANTA JENA@ANANTA PR.JENA vs MARKAND SINGH
Rarely, courts may condone delays with strong justification:- Satisfactory explanation (e.g., fraud discovery).- No prejudice to opposite party.
However, inordinate delays like are generally rejected. Long delays without satisfactory explanation are typically not condoned. 2017 0 Supreme(Ori) 1209
To avoid pitfalls:1. File promptly: Within one year of ROR for revisions.2. Document reasons: For any delay, provide convincing evidence.3. Assess remedy: Revision (Section 15(b)) vs. title suit (potentially , ).4. Check related laws: ROR Act for mutations, Tenancy Act for occupancy claims.5. Seek early advice: Delays compound risks.
Stable land records benefit all—act timely to protect rights. For personalized guidance, contact a local land law expert.
References:- 2017 0 Supreme(Ori) 1209: Core judgment on Section 15(b) and delays.- 2003 0 Supreme(Ori) 585: Reinforcement of reasonable time principle.- 2019 0 Supreme(Ori) 114, 2021 0 Supreme(Ori) 283, 2019 0 Supreme(Ori) 179: Section 42 applications.- Others as cited.
#OdishaLandLaw #RORLimitation #SurveySettlementAct
(A) Orissa Survey and Settlement Act, 1958 - Section 42 - Second Appeal challenging the appellate court's reversal of trial court's ... ... ... Issues: The main issue addressed was the applicability of Section 42 in relation to the plaintiff’s claim for land title ... The appellate court's view was that the case fell under Section 42 due to failure to challenge the recording of land within the statutory ... 42 of the Orissa Survey and Settlement #H....
stamp duty, and validating the said decrees under Section 42 of the Registration Act, take further steps in accordance with law. ... Further, as per Section 4 of ROR Act, 1971, the parties who acquire rights from the Court decrees, mandates that mutation application shall be filed within 90 days from the date of acquisition of such rights. ... As per Section 4(1) of the ROR Act, 1971, the person acquiring rights by....
42 of the Orissa Survey and Settlement Act, which does not bar suits based on title. ... DECLARATION OF TITLE - C.P.C. 1908, SECTION 149; SPECIFIC RELIEF ACT, 1963, SECTION 34; ORISSA SURVEY AND SETTLEMENT ACT, 1958, SECTION ... 42 - The court discussed the provisions of Section 149 of the C.P.C. regarding the authority of the court to direct payment of deficit ... State of Orissa and others-Orissa Survey and Settlement Act, 1958-Section 42-The plaintiff's suit for de....
Section 12 of the Odisha Survey and Settlement Act. In the instant case, it was published in the name of plaintiff’s father- Padmalochan Majhi. ... The 1970 settlement ROR was never challenged within the prescribed period of three years as per Section 42 of the Act. That apart, in the absence of acceptable rebuttal evidence, the entries in the ROR are to be presumed correct as per a href="./.. ... The claim of title of the plaintiff over B Schedul....
Thus limitation prescribed under Section 42 of the Orissa Survey and Settlement Act Orissa Survey and Settlement Act ? ... 2(C) of the Orissa Survey and Settlement Act, solely on the basis the Orissa Tenancy Act provides that a person who for a period of that under Sec.4 of the Orissa Land Reforms Act (‘OLR Act’) the p style="position:absolute;white-space
Samantray, learned counsel for the appellants vehemently contended that though Section 15(b) of the Orissa Survey and Settlement Act, 1958 specifically prescribes to file revision within a period of one year from the date of final publication under Section 12-B of the Act or thereafter, the word ‘or ... It is profitable to refer the provisions contained under Section 15 (b) of the Orissa Survey Settlement Act, 1958. Sectio....
The suit is not for correction of ROR. Thus limitation prescribed under Section 42 of the Orissa Survey and Settlement Act does not apply. In view of the discussions made in the preceding paragraph, this will not help the plaintiffs. ... Whether the courts below were correct in dismissing the plaintiff-appellants' suit on the ground of limitation when the said suit was for declaration of occupancy right and not for correction of ROR as envisaged unde....
provided in section 42 of the Orissa Survey and Settlement Act (OSS Act) has been applying the limitation as provided under section 42 of the OSS Act in as prescribed under section 42 of Orissa Survey Settlement Act and of the OSS Act and decreed the suit. ... 22 of the Orissa Land Reforms Act (OLR Act#....
42 of the Orissa Survey Settlement Act. ... the suit was maintainable for declaration of right, title and interest over the suit land or if it was barred by limitation under section ... On going a reading to the plaint in entirety, it has held the suit to be one for declaration of right, title and interest over the suit land for which the limitation provided in section 42 of the Orissa Survey and Settlement Act (OSS Act) has been held as no bar. ... ....
Issues: The issues included the bar under Section 42 of the Orissa Survey and Settlement Act and the necessity of a specific ... Whether the plaintiff-respondents’ suit is barred under Section 42 of the Orissa Survey and Settlement Act? ... 3. ... Under Sec.42 of the Orissa Survey and Settlement Act, the period of limitation for correction of record of right is three years. Thus the suit is barred by lim....
The appellate court is equally erred in law in holding that the suit is for correction of R.O.R. In view of the provisions contained under Section 42 of the Orissa Survey and Settlement Act and Article 58 of the Limitation Act, the suit is barred by time. The period of limitation is three years for institute of the suit under Section 42 of the Orissa Survey and Settlement Act. The appellate court came to hold that the suit was not filed within three years from the date of publication of R.O.R.. The R.O.R. was published in the year 1976 and, as such the sui....
V. Whether the findings reached by both the Courts below are perverse inasmuch as they are not germane or relevant or are extraneous to the fundamental issues? Whether the period of limitation would commence from the date of drawing of the decree as mandated in terms of Section 442 of the Goa Succession, Special Notaries and Inventory Act, 2012?
It was further held that record of right was published in the year 1989. Since the suit was filed beyond the prescribed period of limitation, it was barred by limitation. Under Section 42 of the Orissa Survey and Settlement Act, the limitation for correction of record of right is three years.
The aggrieved party has the option of filing a revision petition before the Board of Revenue within one year of publication of ROR or filing a Civil Suit within three years. In view of the aforesaid observations of this Court, the Government issued a notification on 6th May, 1999 referring to the Departmental letter dated 3.1.1991 specifically stating that the correction of ROR by the Tahasildar through a mutation .proceeding in respect of the factual position which was existing prior to the publication of the ROR is beyond the scope of Rule 34 of the Orissa Survey & Settlement Rules, 1962. ....
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