1 | P a g e IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No. 35046 of 2025 Bhojaraj Seth `…. Petitioner Represented by Mr. B.Seth, Advocate -Versus - Collector and Dist. Magistrate, Baragarh & Ors …. Opposite Parties Represented by Mr. S.N.Pattnaik, AGA CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 20.01.2026 1. This matter is taken up through hybrid mode. 2. An application under Section 35 of O.C.H. and PFL Act was filed by the present Opposite Party No.3 before the Collector, Baragarh registered as Misc. Case No. 2 of 2020. By order dated 06.04.2022, it was held that the land in question has been transacted in contravention of Section 34 of the Act for which the RSD dated 10.02.2009 executed in favour of the present petitioner was declared void. As regards the prayer for eviction of the present petitioner from the case land by summarily demolishing the house, a report was called for from the Tahasildar. The Tahasildar also submitted a report, which the Collector perused and found that the present petitioner was in possession. As such, the Tahasildar was directed to take steps to restore the case land from the possession of the petitioner. Order No. 01. 2 | P a g e 3. The present petitioner being the Opposite Party in the said case was absent for which the Collector deemed it proper to grant one more opportunity. Accordingly, the matter was taken up finally on 20.07.2022 on which date also there was no appearance from the side of the petitioner. Subsequently, on 04.07.2025, the petitioner appeared and filed an application to recall the order and to grant him an opportunity of hearing. It is submitted by Mr. B Seth, learned counsel for the petitioner that no order has been passed on the application for recall so far. 4. Since an application for recall has already been filed, it is for the Collector to consider the same and pass appropriate orders. The writ application is therefore, disposed of directing the Collector to consider the application for recall filed by the present petitioner on 04.07.2025 in accordance with law and dispose of the same by passing a reasoned order. The said application shall be considered within four weeks from the date of production of certified copy of this order by the petitioner. (Sashikanta Mishra) Judge Deepak