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2026 DAILYLAW 7760 (ORI)

SHAYAM SUNDAR LAKHUA @ SHAYAM SUNDAR LAKHUA SAMASI v. STATE OF ORISSA

WP(C)/9653/2026 · 2026-04-22

Sashikanta Mishra

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P(C) No. 9653 of 2026 Shayam Sundar Lakhua@Shayam Sundar Lakhua Samasi …. Petitioner Represented by Mr.N. Singh, Advocate -Versus – State of Orissa and Others …. Opp. Parties Represented by Mrs. J. Sahoo, ASC CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 22.04.2026 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State. 3. The petitioner has approached this Court with the following prayer:- “It is therefore, humble prayed that your lordship should graciously be pleased to admit the writ petition and issue notice to the opp. parties to call for the reports from the opp. parties as to why the land allotted under Annexure-8 series vide 4679 dated 18.12.2025 shall not be cancelled and as to why it shall note be returned to the petitioner’s Khata corresponds to Sabik Khata No.109 of mouza-Brahamnitarang, P.S.- Brahamnitarang, Dist-Sundargarh on the basis of the reclamation hukumanama under annexure-1 and the matter is pending subjudice before the settlement authorities opp. party No.1 bearing R.P. Case No. 215 of 2019 corresponding to 2283 of 2015 R.P. Case No. 17 of 2024 and R.P. Case No. 18 of 2024. If the opp. parties are failed to file the show Order No. 1. p. 2 cause or show insufficient cause then this Hon’ble Court may kindly quash Annexure-10 and kindly direct to return the suit land to the present petitioner in a separate khata and separate plot in the facts and circumstances narrated above. AND For which act of kindness the petitioner as in duty bound shall every pray.” 4. In course of hearing, it is pointed out that challenging the order passed in the settlement operations in respect of the case land, the petitioner has preferred revisions, which are now pending before the Collector, Sundargarh in Case Nos.17 and 18 of 2024. The petitioner is presently aggrieved by the purported action of Tahasildar to lease out the property in favour of Rourkela Municipality. This is a matter that can be taken cognizance of by the Revisional Court in the pending proceeding. 5. The writ petition is therefore, disposed of granting liberty to the petitioner to file appropriate interlocutory application before the Revisional Court in the pending revisions. If such applications are moved within a week from today, the Collector shall consider the same and pass appropriate order in accordance with law within one week thereafter. (Sashikanta Mishra) Judge B.C. Tudu Designation: Sr. Stenographer