Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 29457 of 2025
Birupakshya Sahu …. Petitioner
Represented by Mr. S.K.Dash, Advocate -Versus – State of Odisha & Others …. Opp. Parties
Represented by Mr. S.N.Patnaik, AGA
CORAM:
JUSTICE SASHIKANTA MISHRA ORDER_
05.5.2026.
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the petitioner and learned Addl. Government for the State.
3. The Petitioner has approached this Court with the following prayer:-
“The petitioner therefore prays that, this Hon'ble Court may gracious enough to admit this writ application, notice may be issued to Op Parties calling upon them to show as to why this writ application shall not be allowed and the order dated 30.7.12 passed by the learned Sub-Collector shall not be quashed, if the Op parties fails to show cause or insufficient cause, this writ application may be allowed, the order dated 30.7.12 vide Annexure-4, passed by the leaned Sub-Collector, Gunupur in OSATIP case No - 130 /10 no may be quashed. And may issue appropriate writ/writs, direction/directions as this Hon'ble Court think just and proper on the facts and circumstance of the case.; And for this act of kindness, the petitioner shall as in duty bound ever pray.”
4. The facts of the case, briefly stated, are that the original recorded owner of the property obtained permission under
Order No.
2. p. 2 Regulation-2 of 1956 on 29.12.1969 for permission to sell the same. Subsequently, the original owner sold the land to Kamal Lochan Choudhury on 25.1.1970 vide RSD No. 89 of 1970. In course of time, said Kamal Lochan Choudhury sold the land to Sri Bimal Charan Sahu and Rajkishore Barik by way of registered sale deed. Thereafter, in the year 2001, the said Bimal Charan Sahu and Rajkishore Barik sold the land to the Petitioner on 19.1.2001. In the meantime, the relevant provision of Regulation-2 was amended in the year 2002 and came into force on 07.09.2003, requiring the concerned persons to submit returns in Form-II by
07.09.2005. According to the Petitioner, he being a rustic villager was unaware of the requirement to submit the return as per the amended provision. Accordingly, he has not submitted the same even till date. Apprehending that his return may not be accepted, he has approached this Court seeking necessary direction.
5. Considering the facts stated in the Writ Petition and the
submissions made, the Writ Petition is disposed of directing the Sub-Collector, Gunupur to accept the return in Form-II to be filed by the Petitioner within 15 days from today. The Sub-Collector shall take note of the grounds for non-submission of the Form-II earlier by the Petitioner and pass orders accordingly.
6. Urgent certified copy of this order be granted on proper application.
(Sashikanta Mishra) AKB
Judge