JAYANTA KUMAR TARAI v. ASSISTANT SETTLEMENT OFFICER, RENTAL COLONY, BBSR
WP(C)/22440/2025 · 2025-10-10
Ananda Chandra Behera
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 69722 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69722 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.22440 of 2025 Jayanta Kumar Tarai ..... Petitioner
Represented By Adv. - Sudhir Kumar Mallick -versus- Assistant Settlement Officer, Major Settlement Office, Cuttack and Another ..... Opposite Parties
Represented By Adv. – Gyanalok Mohanty, SC
CORAM:
MR. JUSTICE ANANDA CHANDRA BEHERA
ORDER 10.10.2025
Order No.
01.
1. This matter is taken up through hybrid mode.
2. This writ petition has been filed by the petitioner praying for directing the Settlement Officer to accept an appeal from the petitioner, as the settlement operation is going on.
3. Heard from the learned counsel for the petitioner and learned Standing Counsel for the State.
4. It is very fundamental in law that, only the Settlement Officer is empowered under Section 22 of the Orissa Survey and Settlement Act, 1958 to entertain an appeal during the currency of settlement operation.
5. It is submitted by the learned counsel for the petitioner that, after rent stage, he/she has purchased the
Page 2 of 2. case land and during rent stage, draft RoR of the case land has been published in the name of his/her vendor. The petitioner is interested to file a joint application with the consent and signature of his/her vendor before the Settlement Officer for recording the RoR of the case land in his/her name correcting the same from the name of his/her vendor.
6. On the basis of the aforesaid submissions of the
learned counsel for the petitioner, it is felt proper to dispose of this writ petition finally giving liberty to the petitioner to approach the Settlement Authorities by filing a joint application with the consent and signature of his/her vendor praying for recording the case land in his/her name, as the final publication of the RoR has not been made.
In case of filing of joint application by the petitioner with his/her vendor, the Settlement Authorities shall entertain the same and shall also dispose of the same as per law.
7. As such, this writ petition filed by the petitioner is
disposed of finally.
8. 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