Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P(C) No. 20840 of 2026
Bimbadhar Mirdha
…. Petitioner
Represented by Mr. S.K. Panda, Advocate
-Versus – State of Odisha and Others
…. Opp. Parties
Represented by Mr. A.R. Dash, AGA
CORAM:
JUSTICE SASHIKANTA MISHRA ORDER_ 15.07.2026
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. The petitioner has approached this Court with the following prayer:-
“Therefore, it is prayed that this Honorable Court may be pleased enough to issue Rule NISI calling upon the Opp. Parties to show cause as to why an appropriate writ in the nature of certiorari/mandamus/or any other appropriate writ/writs or order/orders or directions shall not be passed by declaring Section-22 of the OLR Act is not applicable to Gharabarii Land belonging to schedule caste and schedule tribe people situated within the Urban area AND
Further issue Rule NISI calling upon the opp. parties to show cause as to why an appropriate writ in the nature of certiorari/mandamus/or any other appropriate writ/writs or
order/orders or direction shall not be passed to publish necessary notification to exclusive Gharbari land of SC/ST from OLR Act in the urban areas. AND
If the opp. parties fail to show cause or show insufficient cause make the aforesaid rule nisi absolute. AND
Order No.
1. p. 2 Pass any other order or orders, direction(s) as may deem just and proper; AND
For this act of kindness, the petitioner as in duty bound shall ever pray.”
4. It is submitted by the petitioner that his case is squarely covered by the ratio decided in the case of Hemanta Naik vrs. State 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.”
5. Since the petitioner’s prayer is similar to the grievance of the petitioner 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.
6. Issue urgent certified copy as per Rules.
(Sashikanta Mishra)
Judge
B.C.Tudu Designation: Sr. Stenographer