Swarnalata Biswal And Others vs Babuli Prusty & Others

Ananda Chandra 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 the impugned order dated 16.05.2025 (Annexure-9) passed in R.P. Case No.311/2014 under Section 15(b) of the O.S.S. Act, 1958 by the Addl. Commissioner, Addl. Revision Court No.I, Bhubaneswar (O.P. No.4).

Heard from the learned counsel for the petitioners and the learned Additional Standing Counsel for the State.

The factual backgrounds of this writ petition, which promoted the petitioners for filing of the same is that, the R.P. Case No.311/2014, which was filed by the Petitioners was rejected by the Addl. Commissioner, Addl. Revision Court No.I, Bhubaneswar (O.P. No.4) on dated 16.05.2025 (Annexure-9) on the ground of non-submission of the Hal-Sabik index and trace map in respect of the case land.

During the course of hearing of this writ petition, the learned counsel for the petitioners drew the attention of this Court to the certified copy of the report dated 05.01.2023 of the Addl. Tahasildar, Bhubaneswar (which was obtained from the records of R.P. Case No.311/2014).

It appears from the Annexure-8 that, the report dated 05.01.2023 of the Addl. Tahasildar, Bhubaneswar was submitted before the O.P. No.4 in R.P. Case No.311/2014 as per letter No.2618 stating about the Sabik-Hal correspondences of the case land, but, still then, without looking to the letter No.2618 dated 01.03.2023 vide Annexure-8 and report dated 05.01.2023 of the Addl. Tahasildar, Bhubaneswar in respect of the Sabik-Hal correspondences of the case land, the O.P. No.4 rejected to the R.P. Case No.311/2014 of the Petitioners blaming to the Petitioners that, they (Petitioners) have not filed the Sabik-Hal references of the case land, though, the Sabik-Hal references of the case land was available in the records of R.P. Case No.311/2014 and though, it was the duty of the Addl. Commissioner, Addl. Revision Court No.I, Bhubaneswar (O.P. No.4) to pass the final order in R.P. Case No.311/2014 referring the Sabik-Hal references available in the record submitted by the Addl. Tahasildar, Bhubaneswar as per letter No.2618 dated 01.03.2023, but, the O.P. No.4 has not done so. for which, the impugned order dated 16.05.2025 (Annexure-9) passed in R.P. Case No.311/2014 by the Addl. Commissioner, Addl. Revision Court No.I, Bhubaneswar (O.P. No.4) cannot be sustainable under law. The same is liable to be quashed.

Therefore, there is merit in the writ petition filed by the Petitioners. The same is to be allowed.

In result, the writ petition filed by the petitioners is allowed.

The impugned order dated 16.05.2025 (Annexure-9) passed in R.P. Case No.311/2014 by the Addl. Commissioner, Addl. Revision Court No.I, Bhubaneswar (O.P. No.4) is quashed/set aside.

The matter vide R.P. Case No.311/2014 is remitted back to the Addl. Commissioner, Addl. Revision Court No.I, Bhubaneswar (O.P. No.4) for deciding the same afresh as per law after giving opportunity of being heard to the Parties including the Petitioners and perusing the Sabik-Hal references submitted by the Addl. Tahasildar, Bhubaneswar as per letter No.2618 dated 01.03.2023 available in the record as expeditiously as possible within a period of two months from the date of appearance of the Petitioner before the O.P. No.4.

The petitioners are directed to appear before the Addl. Commissioner, Addl. Revision Court No.I, Bhubaneswar (O.P. No.4) in R.P. Case No.311/2014 on dated 16.01.2026 and to file the certified copy of this Judgment for the purpose of receiving directions of Addl. Commissioner, Addl. Revision Court No.I, Bhubaneswar (O.P. No.4) as to further proceeding of the said R.P. Case No.311/2014.

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