Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.8168 of 2026
Umapati Behera ..... Petitioner
Represented by Mr. S.C.Sahoo, Adv -versus- State of Odisha and another ..... Opposite Parties
Represented by Mr. S.N.Pattnaik, AGA
CORAM:
JUSTICE SASHIKANTA MISHRA
Order No.
ORDER
23.04.2026.
01. 1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the Petitioner and learned Addl. Government Advocate for the State.
3. The Petitioner has approached this Court with the following prayer:
“Therefore, it is humbly prayed that this Hon'ble Court may graciously be pleased to admit this writ petition, call for records and after hearing the parties be further pleased to allow the same by issuing appropriate writ/writ(s), in the interest of justice. p. 2p. 2 And this Hon'ble court be further pleased to direct the OP. No.2 to consider the petitioner's Return (Form-II) on merit after permitting him to submit the same. And this Hon'ble Court be pleased to pass any other Order(s), Direction(s), as deem fit and proper in the facts and circumstances of the case; And for this act of kindness the Petitioner as in duty bound shall ever pray.”
4. The facts of the case, briefly stated, are that the original recorded owner of the property obtained permission under Regulation 2 of 1956 on 18.06.1974 to sell the same. Subsequently, he sold the property to the Petitioner’s father. The property was recorded in the name of the petitioner’s father as per R.O.R. published on 02.11.1974. The relevant provisions of Regulation 2 were amended in the year 2002 and came into force on 07.9.2003, requiring the concerned persons to submits return in Form-II by 7.9.2005. According to the Petitioner, he being a rustic villager was unaware of the requirement to submit the return as per the amended provision. Accordingly, he has not submitted the same even till date. Apprehending that his return may not be accepted, he has approached this Court seeking necessary direction.
5. Considering the facts stated in the Writ Petition and the
submissions made, the Writ Petition is disposed of directing the Sub-Collector, Malkangiri to accept the return in Form-II to be filed by the Petitioner within 15 days from today. The sub- Collector shall take note of the grounds for non-submission of p. 3p. 3 the Form-II earlier by the Petitioner and pass orders accordingly.
6. Urgent certified copy of this order be granted on proper application.
(Sashikanta Mishra) Judge
Deepak