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2025 DAILYLAW 5701 (ORI)

HEMARAJ BARIHA v. STATE OF ODISHA

WP(C)/22209/2025 · 2026-03-30

Sashikanta Mishra

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 | P a g e IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No. 22209 of 2025 Hemaraj Bariha `…. Petitioner Represented by Mr. S.K.Sahu, Advocate -Versus - State of Odisha and Ors …. Opposite Parties Represented by Mr. S.N.Pattnaik, AGA CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 30.03.2026 1. This matter is taken up through hybrid mode. 2. The petitioner has approached this Court with the following prayer: “Petitioner, therefore, prays that this Hon’ble Court be kind and gracious enough to admit the writ petition, issue notices to Opp.Parties to file show cause as to why the order dated 30.05.2025 (Annexure-4) passed by the Opp. Party No.2 shall not be quashed, if the Opp.Parties fail to file show cause or insufficient causes then the Hon’ble Court after hearing the counsels of the parties be pleased to quashed the order passed at Annexure-4. And further be pleased to direct the Opp.Party No.3 to accept the sale deed for registration of the petitioner vide Annexure-3. And for this act of kindness the petitioner shall as in duty bound shall ever pray.” 3. It is submitted by the petitioner that his case is squarely covered by the ratio decided in the case of Hemanta Naik vrs. State Order No. 04. 2 | P a g e of Odisha in W.P.(C). No. 27920 of 2023 and batch wherein a coordinate Bench of this Court held as follows: “18. In the result this court disposes of all the writ petitions granting liberty to each Petitioner to approach the competent Revenue Authority, i.e. concerned Tahasildar to give his opinion on the usability of the land and in such event the concerned Tahasildar is directed to give his opinion in respect of each specific land of respective Petitioners regarding its usability for agricultural purpose any more in the present scenario, within a period of 60 days from the date of application. Depending upon the opinion of the Revenue Authority, the Petitioners are at liberty to approach the registering officer again.” 4. Since the petitioner’s prayer is similar to the grievance of the petitioners in the batch of writ applications, the present writ application is disposed of directing the Tahasildar, Sadar Sambalpur to consider the grievance of the petitioner in light of the judgment passed in Hemanta Naik (supra) within two months from today. The petitioner shall file a certified copy of this order and the aforementioned judgment before the Tahasildar. (Sashikanta Mishra) Judge Deepak