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2026 DAILYLAW 32012 (ORI)

SASMITA ROUT v. STATE OF ODISHA

WP(C)/10630/2025 · 2026-08-17

Sashikanta Mishra

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.10630 of 2026 ODHC010274352025 Sasmita Rout ..... Petitioner Represented by Mr.S. Kar, Advocate -versus- State of Odisha and others ..... Opposite Parties Represented by Mr. S.N.Patnaik, A.G.A. Mr. S. Mohapatra, Advocate (For O.Ps.4 to 10, 12 and 13) CORAM: JUSTICE SASHIKANA MISHRA Order No. ORDER 17.8.2026. 05. 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the Petitioner, Mr. S. Mohapatra, learned counsel for the Opp. Party Nos.4 to 10, 12 and 3 and learned Addl. Government Advocate for the State. 3. The petitioner has approached this Court seeking the following prayer: - “It is, therefore, prayed that this Hon'ble Court may graciously be pleased to admit this writ petition, issue RULE NISI, calling upon the Opposite Parties to show cause as to why; (i) the show cause at Annexure - 3 of the writ petition dt.26.03.2025 in Suo Motu OLR Case No. 01 of 2025 U/s. 23 of the OLR Act, 1960 issued by the office of the 0pp.Party No.2 in favour of the petitioner shall not be quashed. And (ii) the proceeding initiated suo motu in Suo Motu OLR Case No. 01 of 2025 U/s. 23 of the OLR Act, 1960 shall not be dropped. And if the 0pp.Parties fail to show cause or show insufficient cause, the said Rule be made absolute in granting the relief prayed for; And may further pass any other order(s)/ direction(s) as this Hon'ble Court may deem fit and proper; And for the said act of kindness, the petitioner as in duty bound shall ever pray.” ] 4. The facts of the case are that the petitioner purchased the land in question from its recorded owners being Opp. Party Nos.4 to 15 through a registered sale deed on 28.2.2024. Since the vendors belong to the Schedule Caste community, they sought for permission from the Revenue Officer being Sub- Collector and Revenue Officer, Bhubaneswar in Revenue Misc. Case No.209/2023. By order dated 13.12.2024 such permission was granted. The land was sold thereafter. However, the petitioners received notice in Suo Motu O.L.R. Case No.1/2025 initiated under Section 23 of the O.L.R. Act on the ground that the transfer of land was in contravention of the provisions of Sub-section (1) of Section 22 of the O.L.R. Act as no valid permission of the Revenue Officer was taken. The Petitioner filed a detailed show cause reply enclosing copy of the order of permission granted by the Revenue Officer at the relevant time. Apprehending that his reply may not be considered in the proper perspective, he has approached this Court. 5. Mr. Kar learned counsel for the petitioner submits that the observation of the Revenue Officer in the show cause notice is factually incorrect inasmuch as the transfer of land was preceded by a valid permission granted by the same authority, which was also communicated to the Sub-Registrar and other relevant functionaries. 6. Mr. Patnaik, learned State counsel fairly submits that there being prima facie proof of grant of permission under Section 22 of the OLR Act, it cannot be said that the transfer was void. 7. Mr. Mohapatra, learned counsel appearing for the private opposite party-vendors supports the case of the petitioner by submitting that the transfer was made after obtaining due permission of the Revenue Officer. 8. Having regard to the submissions as above and on perusal of the copy of the permission granted by the Revenue Officer on 05.12.2024, this Court is of the view that issuance of show cause notice was most probably due to inadvertence. 9. The Writ Petition is therefore allowed. The matter is remitted to the Sub-Collector and Revenue Officer, Bhubaneswar to pass appropriate orders in the Suo Motu O.L.R. Case No.1/2025 after taking into account the permission granted by the very same authority on 05.12.2024. Necessary orders in this regard shall be passed within four weeks from the date of production of certified copy of this order by the petitioner. 10. Urgent certified copy of this order be granted on proper application. (Sashikanta Mishra) Judge AKB