Orissa High Court
Kuldip Kaur vs State Of Odisha & Others .... Opp. ... on 18 March, 2026
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.6824 of 2026
Kuldip Kaur .... 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.
02. 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 admit this writ petition call for the records of OSS Case No.1304 of 2018, notice be issued to the Opposite Parties and upon hearing the parties, set aside the order dated 15.07.2013 passed by the Assistant Settlement Officer, Rental Colony, Bhubaneswar in Objection Case No.10086/3780 of 2013 under Annexure-7 and the order dated 22.01.2026 passed by the Member, Board of Revenue, Odisha Cuttack in OSS Case No.1304 of 2018 under Annexure-8 and direct the Tahasildar, Bhubaneswar to record the suit land in the name of the petitioner:
And may pass any other appropriate order/orders or direction/directions for the ends of justice:
And for this act of kindness, the petitioner as in duty bound shall ever 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 Page 1 of 2 his favour under a proceeding under the OSS Act, 1958. As such, the petitioner has filed the writ petition challenging the order of the Assistant Settlement Officer.
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 orders are 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 Digitally Signed Signed by: PUSPANJALI GHADAI Designation: Junior Stenographer Reason: Authentication Puspanjali Location: High Court of Orissa, Cuttack. Date: 19-Mar-2026 17:06:51 Page 2 of 2