p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16513 of 2026 CNR No.ODHC010361342026 Debendra Nath Swain …. Petitioner Mr. Dwarika Prasad Mohanty, Advocate -versus- Tahasildar Basta, Balasore & Ors. …. Opp. Parties Mr. Jayant Kumar Bal, AGA CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 01.09.2026 01. 1. Heard learned counsel for both the Parties. 2. Concerned is of the Petitioner for having ignored by Opposite Party No.4, i.e., the Additional Sub-Collector Consolidation, Balasore, wherein the Petitioner’s claim was to the effect that he should have been given an opportunity of being heard in the matter of consideration of preparation of Record-of- Right passed in R.R.C. (Remand Revision Case) No.535 of 1988 which was disposed of on 04.02.1991. 3. Mr. Mohanty, learned counsel for the Petitioner, in course of the hearing in the Application, submits that the Petitioner is the recorded owner in respect of the Plot No.12 measuring an area of acre 0.90 decimals recorded under Khata No.31 of Mouza p. 2 Mandarada in the district of Balasore, originally in the name of his father-Late Panchanan Swain. 4. It came to the notice of the Petitioner in the year 2024 that the aforesaid land has been claimed by one Karunakar Mohanty and others, and by virtue of an order passed in the aforesaid Objection Case No.535 of 1988, the subject land has been recorded in their name. Being aggrieved by the aforesaid development in the Record-of-Right having been directed to be recorded in favour of the said Karunakar Mohanty and others, the Petitioner moved the Appellate Authority, i.e, the Additional District Magistrate-cum-Deputy Director, Consolidation, Balasore, challenging the order passed in Objection Case No.535 of 1988. The Appeal was registered as Consolidation Appeal No.4 of 2024. 5. While the matter stood thus, it came to the notice of the Petitioner that a Writ Application has been moved before this Court by the said Karunakar Mohanty and others, registered as W.P.(C) No.2469 of 2026, seeking a direction to Opposite Party No.1, i.e., the Tahasildar, Basta, Balasore, to publish the RoR and cadastral map of the mouza in which the consolidation operations have already been completed and the Co-ordinate Bench of this Court vide order dated 28.01.2026, disposed of the Writ Application at the stage of admission, directing the Opposite Party No.4, i.e., the Additional Sub-Collector Consolidation, Balasore, to consider the grievance of the Petitioner and to pass necessary orders within a period of six (06) weeks. Page 3 of 4 6. p. 3 6. Being informed of the aforesaid direction issued by the Co-Ordinate Bench of this Court, the Petitioner moved the Opposite Party No.4, i.e., the Additional Sub-Collector Consolidation, Balasore, to give him an opportunity of being heard before the correction of RoR is effected, pursuant to the order passed in Objection Case No.535 of 1988, the said being in challenge under Appeal by the Petitioner before the Additional District Magistrate-cum-Deputy Director, Consolidation, Balasore. 7. With the innocuous prayer that he be allowed an opportunity of being heard before the Tahasildar, the Petitioner has moved before this Court. 8. Keeping in view the nature of the prayer made by the Petitioner and the averments in the Writ Application, prima facie, the Petitioner has made out a case that the matter in question with regard to the correction of RoR is required to be disposed of in his presence, inasmuch as he has been the owner in respect of the subject land since the year 1982, the right whereof has been flowing to him through his father, and the same has been disturbed only in Objection Case No. 535 of 1988, which was disposed of without making him a Party thereto. The Petitioner has also not been made a Party in the Writ Application. The Petitioner, therefore, needs to be heard in the interest of Justice. 9. While disposing of the Writ Application at the stage of admission, it is directed that the Opposite Party No.4, i.e., the Additional Sub-Collector Consolidation, Balasore, while disposing p. 4 the prayer of the Petitioner in W.P.(C) No.2469 of 2026, shall give an opportunity of hearing to the Petitioner. 10. All questions raised are kept open for the Petitioner to be raised before the Opposite Party No.4, i.e., the Additional Sub- Collector Consolidation, Balasore, for necessary adjudication in accordance with law. (Chittaranjan Dash) Judge Priyanka Designation: JUNIOR STENOGRAPHER