Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.276 of 2026
Kotiyala Surya Rao Naidu …. Petitioner
Mr. B. Das, Advocate -versus- State of Odisha & Others …. Opp. Parties
Mr. S.N. Patnaik, Additional Government Advocate
CORAM:
HON’BLE MR.JUSTICE SASHIKANTA MISHRA
Order No.
ORDER 13.01.2026
01.
1. This matter is taken up through hybrid mode.
2. The petitioner challenges the order passed by the Assistant Settlement Officer Rental Colony, Cuttack whereby record case No.968/1053/13 was dropped without correcting the ROR in respect of the case land, which had been wrongly recorded in the name of the State during the settlement operation and without considering the settled position of law in the proper perspective.
3. It is stated that the settled position of law as settled by this Court in the case of Narottam Rath V. State of Odisha & Others (W.P.(C) No.1608 of 2014) was not considered by the Assistant Settlement Officer at all.
4.
Learned counsel for the petitioner submits that the Assistant Settlement Officer dropped the proceeding without recording any reasons.
5. Learned State counsel submits that the petitioner was heard p. 2 and relevant documents were examined by the Assistant Settlement Officer before passing the impugned order.
6. Perusal of the impugned order reveals that the petitioner was heard and the documents were examined but the Assistant Settlement Officer held that on examination of record, it is found that the suit property has already been recorded in the Government Khata. Evidently, the petitioner’s contentions or the position of law do not appear to have been considered. In any case, the impugned
order is silent as regards reasons for dropping the case and why the claim of the petitioner was not considered favourably for which, it cannot be sustained in the eye of law.
7. The writ application is therefore, disposed of remitting the matter to the Assistant Settlement Officer to consider the case afresh after granting opportunity of hearing to the petitioner and to dispose of the same by passing a reasoned order. The Assistant Settlement Officer shall dispose of the matter within two months from today.
(Sashikanta Mishra) Judge
Puspanjali
Location: High Court of Orissa, Cuttack.