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2026 DAILYLAW 7536 (ORI)

KALYAN MEHER v. STATE OF ORISSA

WP(C)/9350/2026 · 2026-04-22

Murahari Sri Raman

Writ Petition (Civil)body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No.9350 of 2026 Kalyan Meher …. Petitioner Mr. Manas Kumar Chand, Advocate -versus- State of Odisha & another …. Opposite Parties Mr. Debashis Tripathy, AGA CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. 01. ORDER 22.04.2026 1. Challenging the illegal and arbitrary action of the Tahasildar, Dharamgarh, opposite party no.2, in not considering the grievance of the petitioner for correction of the area in the Record-of-Right, this writ petition has been filed by the petitioner. 2. It is the case of the petitioner that though an area of Ac.0.11 decimals is reflected in Plot No.218 in the sabik Record-of-Right stood recorded in the name of his father-Dasrath Meher, in the corresponding hal Record-of-Right vide Plot No.575, such area has been shown as Ac.0.08½ decimals. 2.1. In order to correct such mismatch of the land in the hal Record-of-Right, the petitioner filed a grievance petition before the Tahasildar, Dharamgarh for necessary correction in the entry of the hal Record-of-Right. Basing on the said grievance petition, though a report was called for from the Revenue Inspector, Dharamgarh, till date no expeditious steps have been taken by the Tahasildar, Dharamgarh to consider and carry out necessary correction. Hence, the present writ petition. p. 2 3. Sri Manas Kumar Chand, learned counsel appearing for the petitioner submitted that since amendment in Rule 34 of the Odisha Survey and Settlement Rules, 1962 has been carried out by virtue of the Odisha Survey and Settlement (Amendment) Rules, 2025 conferring power on the Tahasildar for effecting necessary correction in the Record-of-Right, the petitioner has approached this Court by way of filing this writ petition with a limited prayer that while considering the grievance petition, the Authority concerned may be directed to consider the provisions of Rule 34 of the Odisha Survey and Settlement Rules, as amended. 4. Sri Debashis Tripathy, learned Additional Government Advocate appearing for the opposite parties-State submitted that the Tahasildar, Dharamgarh may be directed to consider the grievance petition of the petitioner, as stated to be pending. 5. Heard Sri Manas Kumar Chand, learned counsel for the petitioner and Sri Debashis Tripathy, learned Additional Government Advocate appearing for the opposite parties-State. 6. Considered the aforesaid submissions of the learned counsel for the respective parties. Perused the materials available on record. From a letter dated 25.09.2025 issued by the Tahasildar, Dharamgarh to the Sub-Collector, Dharamgarh, it is evident that a grievance petition has been filed by the petitioner with regard to correction of map and Record-of-Right standing in the name of Kalyan Meher, Son of Dashrath Meher of Village: Thanat in the district of Kalahandi. 7. In such view of the matter, this Court directs the Tahasildar, Dharamgarh to consider the grievance petition of the petitioner in accordance with law by taking into consideration the provisions of p. 3 Rule 34 of the Odisha Survey and Settlement Rules, 1962, as amended, and dispose of the same within a period of two months from the date of receipt of copy of this order and communicate the decision taken thereon to the petitioner immediately. The petitioner may appear before the Tahasildar, Dharamgarh within a period of seven days from date along with a copy of this order and the Tahasildar, Dharamgarh shall proceed with the matter and dispose of the grievance petition of the petitioner within the time specified above. 8. As an abundant caution, it is clarified that nothing stated above on facts be construed as an expression of any opinion of this Court on the merit of the matter. The competent authority is free to take independent decision on the merit of the matter on the basis of the material placed on record before him by the petitioner. 9. With the aforesaid observations and direction, the writ petition along with pending Interlocutory Application (s), if any, stand disposed of. [[ (M.S. Raman) Judge MRS SAMAL Designation: PERSONAL ASSISTANT Cuttack Signature Not Verified