1 | P a g e IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C).No. 35771 of 2025 Sushil Kumar Mishra & Ors `…. Petitioners Represented by Mr. A.P.Bose, Advocate -Versus - State of Odisha & Ors …. Opposite Parties Represented by Ms. J.Sahoo, ASC CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 09.02.2026 1. This matter is taken up through hybrid mode. 2. The petitioner has approached this Court with the following prayer; “The petitioner, therefore, pray that your Lordship’s may graciously be pleased to admit the writ application, issue notice to the Opp. Parties and after hearing the parties, direct the Opp.Parties to issue R.O.R. of the scheduled land in faovur of the petitioners in the interests of justice. And for this act of kindness the petitioners shall as in duty bound ever pray.” 3. It appears that by judgment passed as far back as on 19.02.1998, the Joint Commissioner, Settlement and Consolidation, Samablpur had directed the Consolidation Officer to decide the title of the petitioner. It is submitted that said order was never acted upon. 4. Ms. Sahoo, learned ASC submits that Consolidation Officer could not have acted upon as subsequent notification under Section Order No. 03. 2 | P a g e 41 of the OCH and PFL Act, 1972 was issued thereby making it functus officio. 5. She, however, fairly submits that once the notification under Section 41 is issued, the authorities under the OSS Act have jurisdiction with regard to the entries in the R.O.R. and their correction, if need be. 6. In the writ application, it is averred under Paragraph-5, the petitioner approached the Assistant Commissioner-cum-sub- Collector, Baragarh but to no avail. 7. Considering the fact that certain findings of the facts were rendered by erstwhile consolidation authorities in favour of the petitioner, which need further inquiry, the writ application is disposed of directing the Assistant Commissioner-cum-sub- Collector, Baragarh to consider the case of the petitioner afresh. To facilitate the process, the petitioner shall submit a detailed representation within ten days from today. If such representation is submitted within the stipulated period, the Assistant Commissioner- cum-Sub-Collector, Baragarh shall consider the same, conduct necessary inquiry, hear the necessary parties and pass appropriate orders within two months thereafter. 8. No coercive action shall be taken in respect of the disputed property till disposal of the matter by the Sub-Collector. 9. It is made clear that this order shall be operative only if the petitioner approaches the Sub-Collector within the stipulated period. (Sashikanta Mishra) Judge Deepak