Manoranjan Rout And Others vs Tahasildar, Rajanagar And Others

A.C.Behera, J

This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioners praying for quashing the impugned order dated 07.12.2023 (Annexure-4) passed in S.R.P. Case No.901 of 2017 under Section 15(b) of the O.S.S. Act, 1958 by the Commissioner, Consolidation, Odisha, Cuttack on the ground of non-compliance of the principles of natural justice i.e. without impleading the LRs of the recorded owners (whose interests are affected by the impugned order passed in S.R.P. Case No.901 of 2017).

Heard from the learned counsel for the petitioners, learned counsel for O.P. Nos.2 and 3(a) and 3(c) and learned ASC for the State.

As per the submissions of the learned counsels of both the sides, the R.o.R. of the case land under Khata No.68 in Mouza Nethuria under Rajnagar Tahasil was published in the year 1987 in the names of Sridhar Rout, Bhaiga Rout and Dhusasan Rout jointly. To which, O.P. Nos.2 and 3(a) to 3(c) challenged by filing a revision vide S.R.P. Case No.901 of 2017 praying for quashing the same only impleading some of the LRs of the above deceased recorded tenants i.e. some of the LRs of Sridhar Rout, Bhaiga Rout and Dhusasan Rout without impleading their all LRs.

The said revision vide S.R.P. Case No.901 of 2017 was allowed and disposed of finally through the impugned order vide Annexure-4 and direction was given for correction of the R.o.R. from the names of the recorded tenants in the names of the LRs of Naran Swain (those are O.P. Nos.2 and 3(a) to 3(c) in this writ petition).

As, all the LRs of the deceased Sridhar Rout, Bhaiga Rout and Dhusasan Rout filed this writ petition praying for quashing the impugned order dated 07.12.2023 (Annexure-4) passed in S.R.P. Case No.901 of 2017 by the Commissioner, Consolidation, Odisha, Cuttack on the ground that, all the LRs of Sridhar Rout, Bhaiga Rout and Dhusasan Rout should have been impleaded as parties in the revision, but they have not been impleaded, for which, the impugned order vide Annexure-4 is in violation of the principles of natural justice.

On this aspect, propositions of law has already been clarified in the ratio of the following decision:-

In a case between Alekh Chandra Rath and another Vrs. Commissioner of Land Records and Settlement, Orissa and Others reported in 1989 (2) OLR 135 that,

persons whose interests are likely to be affected are not made parties in the revision, still then, the Revision was allowed. When the petitioners who claim title to the disputed land having not been impleaded and when they are praying for hearing of the revision afresh, then it would be a fit case to re-open the matter to comply with the requirements of the principles of natural justice. For which, the matter was remanded for fresh disposal on merit.

Here in this matter at hand, when, undisputedly some of LRs of the deceased recorded tenants have not been impleaded as parties in the revision and when undisputedly the impugned order vide Annexure-4 has been passed without providing opportunity to all the LRs of the deceased recorded tenants (those are the petitioners in this writ petition), then at this juncture, in view of the propositions of law enunciated in the ratio of the aforesaid decision, the impugned order (Annexure-4) passed by the Commissioner, Consolidation, Odisha, Cuttack cannot be sustainable under law. The same is liable to be quashed.

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

The same is to be allowed in part.

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

The impugned order dated 07.12.2023 (Annexure-4) passed in passed in S.R.P. Case No.901 of 2017 under Section 15(b) of the O.S.S. Act, 1958 by the Commissioner, Consolidation, Odisha, Cuttack is quashed.

The matter vide S.R.P. Case No.901 of 2017 is remitted back (remanded back) to the Commissioner, Consolidation, Odisha, Cuttack for deciding the same afresh as per law after impleading all the LRs of Sridhar Rout, Bhaiga Rout and Dhusasan Rout (those are the petitioners in this writ petition) giving opportunity of being heard to all the parties complying the principles of natural justice as expeditiously as possible within a period of 4 months from the date of appearance of the parties.

The parties in this writ petition are directed to appear before the Commissioner, Consolidation, Odisha, Cuttack in S.R.P. Case No.901 of 2017 on 24.11.2025 for the purpose of receiving the directions of the Commissioner, Consolidation, Odisha, Cuttack as to further proceedings of the S.R.P. Case No.901 of 2017 and to file the certified copy of this judgment

Parties are directed to keep the case land as it is in status quo without creating third party interest till the approach of the petitioners to the Revisional Court.

Reason: Authentication Location: High Court of Orissa, Cuttack

As such, the writ petition filed by the petitioners is disposed of finally.