Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.11951 of 2024 Abdul Bari ..... Petitioner Represented By Adv. - Jyotirmay Gupta -versus- State Of Odisha and others ..... Opposite Parties Represented By Adv. – S. Nayak, ASC CORAM: THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA ORDER 15.04.2025 Order No. 05. 1. This matter is taken up through hybrid mode. 2. Heard from the learned counsel for the petitioner and learned Addl. Standing Counsel for the State. 3. Upon hearing from the learned counsels of both the sides, it is felt proper to dispose of the writ petition finally at this stage after setting aside the Order dated 10.10.2014 passed in Revenue Misc. Case No.9 of 2014 by the Tahasildar, Rourkela (O.P. No.5), Order dated 29.12.2015 passed in Revenue Appeal No.21 of 2014 by the Sub-Collector, Panposh, Rourkela (O.P. No.4) and Order dated 20.02.2024 passed in Revenue Revision No.5 of 2016 by the Collector, Sundargarh (O.P. No.3) and remitted back the matter vide Revenue Misc. Case No.9 of 2014 to the Tahasildar, Rourkela (O.P. No.5) to decide the same afresh and to record the case land in the Page 2 of 3. name of the petitioner, if it is found after due enquiry that, the land originally belong to the petitioner has not been acquired through proper acquisition proceeding. Because, it is the settled propositions of law as per Article 300A of the Constitution of India, 1950 that, the property right now has become a human right and no land of any private person can be acquired or taken away by the Government without payment of adequate compensation to him/her. 4. Here in this matter at hand, the petitioner is claiming that, he is in possession over the case land, but showing the acquisition of the case land falsely the said property has been recorded wrongly in the name of the State. 5. It is every fundamental in law that, the State is the parent of every citizen and the State cannot take away the land of any private party without payment of due compensation. 6. So, the Tahasildar, Rourkela (O.P. No.5) shall enquire, whether, the case land is under the possession of the petitioner and if the same will not have been acquired by the State Government through proper documents and through payment of compensation, then he shall record the case land in the name of the petitioner verifying the previous records, if the same is found that, earlier the case land was in the name of the petitioner previously. Page 3 of 3. 7. It is made clear here that, the Tahasildar, Rourkela (O.P. No.5) shall dispose of the Revenue Misc. Case No.9 of 2014 as expeditiously as possible within a period of three months from the date of communication of this order and to report about the disposal of the same to this Court for keeping track over the matter in reference to this writ petition. 8. Accordingly, the writ petition is disposed of finally. 9. Registry is directed to transmit the copy of this order to Tahasildar, Rourkela (O.P. No.5) immediately. 10. Urgent certified copy of this order be granted to the petitioner on proper application. (ANANDA CHANDRA BEHERA) Judge Utkalika NAYAK Orissa, Cuttack Signature Not Verified