Tilottama Nayak And Others vs State Of Odisha And Others

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 29.08.2019 (Annexure-3) passed in Revision Petition No.223 of 2015 by the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack.

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

The factual backgrounds of this writ petition, which prompted the petitioners for filing of the same is that, they (petitioners) had filed Revision Petition No.223 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 the case land in their names, but the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack dismissed to the said Revision Petition No.223 of 2015 of the petitioners on the ground of non-filing of the documents showing the flow of title of the case land in their favour.

During the course of hearing of the writ petition, the learned counsel for the petitioners submitted that, at present, they (petitioners) are armed with all the documents relating to the flow of title of the case land in their favour and they (petitioners) can file the same before the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack, if the matter vide Revision Petition No.223 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 29.08.2019 (Annexure-3).

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.”

When, the Revision Petition No.223 of 2015 of the petitioners has been dismissed on a technical ground i.e. for non-filing of the documents by the petitioners showing flow of title of the case land in their favour and when, the petitioners are eagerly interested for submission of the required documents 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, because 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 dated 29.08.2019 vide Annexure-3 passed in Revision Petition No.223 of 2015 by the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack is liable to be quashed.

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

The same must succeed.

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

The impugned order dated 29.08.2019 (Annexure-3) passed in Revision Petition No.223 of 2015 by the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack is quashed (set aside).

The matter, vide Revision Petition No.223 of 2015 is remitted back (remanded back) to the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack for deciding the same afresh within two months from the date of appearance of the petitioners in that Revision Petition No.223 of 2015 as per law after giving opportunity to the petitioners for filing of the required documents in respect of flow of title of the case land in their favour as well as providing opportunity of hearing to the petitioners and others, if any.

The petitioners are directed to appear before the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack in Revision Petition No.223 of 2015 on dated 08.12.2025 for filing of the certified copy of this judgment and also for the purpose of receiving the directions of the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack as to the further proceedings of the Revision Petition No.223 of 2015.

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