IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 24334 OF 2023 Dinesh Kumar Modi …. Petitioner Mr. Sourya Sundar Das, Senior Advocate being assisted by Mr. Jaydeep Pal, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Siba Narayan Biswal, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 20.05.2026 8. 1. These matters are taken up through hybrid mode. 2. Office note indicates that the name of the Petitioner has been inadvertently typed as ‘Disnesh Kumar Modi’ in place of ‘Dinesh Kumar Modi’ in the cause title of the order dated 12th May, 2026. The same be corrected accordingly. 3. This writ petition has been filed with the following prayer: “It is, therefore, prayed that in the facts and circumstances stated above and in the interest of justice, this Hon'ble Court may graciously be pleased to pass appropriate writ(s)/ direction(s); (I) Quashing the letter dated 31.08.2018 of the 0pp. Party No.4 and letter dated 16.11.2018 of the 0pp. Party No.3 in Annexure-16 series being issued without authority of law and without jurisdiction; (II) Directing the 0pp. Party No.4 to renew the Khasmahal lease of the case land in favour Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-May-2026 15:56:02 Signature Not Verified of the petitioner within such time as may be stipulated by this Hon'ble Court; And for this act of kindness, the petitioner shall as in duty bound ever pray.” 4. Mr. Das, learned Senior Advocate, drew attention of this Court to the Letter No.1621/ Judl., dated 11th March, 2022 of the Tahasildar, Sadar, Cuttack to the office of learned Advocate General, Odisha, Cuttack, enclosing Letter No.9667 dated 16th November, 2018, wherein it is indicated as follows: “xxx xxx xxx It is pertinent to mention here that O.G.L.S. Act, 1962 is applicable for resumption of land and imposition of penalty as per Section 3(B)” any officer authorized under clause (e) of Section-3 may resume any land settled by him, if he has reasons to believe that the person with whom the land was settled has used it for any purpose other than that for which it was settled and may impose a penalty of an amount not exceeding one hundred rupees on such person. Provided that no order under this section shall be passed without giving such person a reasonable opportunity of being heard in the matter. In view of the above, it is intimated to examine this case in the context of above citations in consonance with settle principles of law and resubmit for needful follow up action.” 5. This writ petition was listed on 12th May, 2026, when learned State Counsel, on instruction, submitted that the Sub- Collector, Sadar, Cuttack has recommended the case of the Petitioner in KLC No. 1044 of 2003 to the Collector, Cuttack vide his Office Letter No.3503/XXIV-03/2026/Khasmahal, dated 6th March, 2026 for settlement of land on Raiyati basis. Hence, the Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-May-2026 15:56:02 Signature Not Verified Sub-Collector, Sadar, Cuttack was directed to file an affidavit by 18th May, 2026, serving a copy thereof on Mr. Pal, learned counsel for the Petitioner. 6. This Court received the affidavit filed by the Tahasildar, Sadar, Cuttack indicating that the Sub-Collector, Sadar, Cuttack had recommended the case of the Petitioner in KLC No.1044 of 2003 to the Collector, Cuttack for settlement of land in favour of the Petitioner on Raiyati basis. But, this Court does not accept the said affidavit and directed Mr. Dibyajyoti Smruti Ranjan Deo, the Sub-Collector, Sadar, Cuttack, who was present in Court, to file an affidavit in terms of the order dated 12th May, 2026. 7. Pursuant to the said direction, the Sub-Collector, Sadar, Cuttack filed an affidavit in Court, which is taken on record. 8. Mr. Das, learned Senior Advocate appearing for the Petitioner submits that since the case of the Petitioner has already been recommended for settlement on Raiyati basis in KLC No.1044 of 2003, the question of resumption of land does not arise. 9. This Court accepts the aforesaid submission of Mr. Das, learned Senior Advocate and disposes of the writ petition with a direction to the Collector, Cuttack-Opposite Party No.2 to take a decision on the recommendation of the Sub-Collector, Sadar, Cuttack made vide Letter No.3503/XXIV-03/2026/Khasmahal, dated 6th March, 2026, within a period of three months hence, for settlement of the land in question in favour of the Petitioner on Raiyati basis. Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-May-2026 15:56:02 Signature Not Verified 10. It is made clear that in view of such recommendation, question of resumption of land under Section 3 (B) of the Odisha Government Land Settlement Act, 1962 does not arise at all. 11. In view of the observation and direction made above, no further order is required to be passed in this writ petition. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) ms Judge Designation: SENIOR STENOGRAPHER