Basant Kumar Das vs State Of Odisha & Others .... Opp. ... on 18 March, 2026

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Orissa High Court

Basant Kumar Das vs State Of Odisha & Others .... Opp. ... on 18 March, 2026

Bench: Sashikanta Mishra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    W.P.(C) No.2504 of 2026
            Basant Kumar Das                                   ....        Petitioner
                                                                    Represented by
                                                 Ms. Deepali Mahapatra, Advocate
                                              -Versus-
            State of Odisha & Others                         ....       Opp. Parties
                                                                    Represented by
                                                                     Mrs. J. Sahoo,
                                                       Additional Standing Counsel
                   CORAM:
                        JUSTICE SASHIKANTA MISHRA
                                                ORDER

18.03.2026 Order No.

04. 1. This matter is taken up through hybrid mode. . 2. The petitioner has approached this Court with the following prayer:-

"It is therefore, prayed that this Hon'ble Court may graciously be pleased to issue rule Nisi to the Opposite Parties and if the Opposite Parties fail to show cause or shown insufficient cause make the said rule absolute by directing the Tahasildar, Bhubaneswar to correct the ROR under Annexure-6 and record the same in the name of the petitioner and quash the impugned undated order passed by the Opposite Party No.6 under Annexure-6:

And may pass any other appropriate order or orders or direction or directions for the ends of justice:

And for this act of kindness, the petitioner as in duty bound shall every pray."

3. Briefly stated, the facts of the case are that the petitioner was granted lease of the land in question a long time ago. However, the Assistant Settlement Officer rejected his claim to record the land in his favour under a proceeding under the OSS Act, 1958. As such, the petitioner has filed this writ petition challenging the order of the Assistant Settlement Officer.

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4. In this context, Ms. Mahapatra also relies upon the recent judgment passed by a Division Bench of this Court in the case of Narottam Rath V. State of Odisha & Others (W.P.(C) No.1608 of 2014) wherein the following was held:-

" 8.3 xxx xxx xxx There is ample provision under the OGLS Act to cancel a lease granted in favour of a beneficiary. Section 3(b) and Section 7-A (3) of the OGLS Act makes elaborate provisions for cancellation of lease granted under the OGLS Act. There is no provision under the Settlement Act empowering the Authorities created under said Act to cancel a lease granted under the OGLS Act. xxx xxx xxx"

5. Learned State counsel also fairly submits that the judgment in Narottam Rath(Supra) has not been challenged further.

6. Since, the law in this regard has already been decided by the division Bench, the writ application is allowed. The impugned order is set aside. The Tahasildar, Bhubaneswar is directed to correct the entries in the ROR and record the same in the name of the petitioner within four weeks from the date of production of certified copy of this order by the petitioner.

(Sashikanta Mishra) Judge Signature Not Verified Puspanjali Digitally Signed Signed by: PUSPANJALI GHADAI Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 19-Mar-2026 17:06:51 Page 2 of 2

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