p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.8729 of 2026 Basudev Tripathy …. Petitioner Ms. Lopamudra Parida, Advocate on behalf of Mr. Rakesh Kumar Sarangi, Advocate -versus- State of Odisha and others …. Opposite Parties Ms. Biswabara Dash, Addl. Standing Counsel CORAM: THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 22.04.2026 01. 1. Ms. Lopamudra Parida, learned Advocate on behalf of Mr. Rakesh Kumar Sarangi, learned Advocate for the petitioner submitted that the Revision Petition under Section 15 (b) of the Odisha Survey and Settlement Act, 1958 was preferred before the Commissioner, Land Records and Settlement, Odisha, Cuttack with a prayer to direct the authority concerned to record Ac.33.66 decimals of land instead of Ac.0.27 decimal as described in the said petition in favour of the petitioner. The Commissioner, Land Records and Settlement, Odisha disposed of said Revision Petition being R.P. Case No.1324/96. vide order dated 02.07.2001 with the following observation(s) and direction: ***“Since this revisional court has no independent agency to cause a field enquiry as the Settlement camps have closed and the Settlement Officer has no further jurisdiction in the matter after the final publication of the R.O.R. and since the jurisdiction of the Tahasildar U/R. 34 of the O.S. & S. Rules is resumed after the R.O.R is published and all the hal records and maps are given to the Tahasildar by the Settlement Authorities after the R.O.R is published p. 2 the Tahasildar is the competent authority to enquire into the matter under Rule 34 (e) of the O.S. & S. Rules read with Rule 62 wherein the Tahasildar has been vested with all powers exercisable by the Civil Court in a trial of suits. He also has authority under Para 17 (1) of the Mutation Manual as upheld by the Divisional Bench of the Hon'ble High Court Orissa in O.J.C. 14043/97 decided on 21.8.98 and in O.J.C.14057/97 decided on 21.8.98. An appeal against the order of the Tahasildar lies before the Sub-Collector under para 92 of the Mutation Manual read with Rule 42 of the O.S. & S. Rules ad revision lies before the Board of Revenue under Para III of the Mutation Manual read with Rule 42 of the O.S. & S. Rules and revision lies before the Board of Revenue under Para III of the Mutation Manual read with Sec. 32 the O.S. & S. Act. Further in O.J.C. No.5263 of 1996 dated 29.7.96 the Hon’ble Divisional Bench of the Orissa High Court has observed that since the revisional authority has passed an order of remand thereby giving the parties including the present petitioners/villagers to contest the case before the Tahasildar in the original side the petitioners are free to contest the case on their own merit. It shall be obligatory on the part of the Tahasildar to afford all reasonable opportunities to the petitioners to contest the case since the revisional authority has not adjudicated the rights of the respective parties and has left the matter open. The Tahasildar, Pattamundai is directed to notice the parties, verify their documents and cause a field enquiry under Para 17 (1) of the Mutation Manual to verify their possession over the land. The Tahasildar will compare the sabik and hal maps and a sabik hal co-relation of the suit lands. If any Govt. area has been wrongly amalgamated and recorded in the names of the petitioners, then the same amalgamated area be carved out and be recorded in favour of the Govt. Page 3 of 4 The Tahasildar will remeasure the hal plot No. 158 and the hal plot No. 159 of the petitioners along with its adjacent suit hal plot No. 182 of the ancestor of the Opp. Parties 1 to 7 and correct the area/map/rent of the plots as necessary as per the possession of the parties over the same. The interest of any person not made party to this case can not be adversely affected without proper notice. The R.O.R. be corrected if necessary within four months of receipt of this order.”*** 2. Ms. Lopamudra Parida, learned Advocate brought to the notice of this Court that the Tahasildar, Pattamundai having proceeded with the matter, on 15.05.2008 has passed the following: “LR is put up today. Petitioner is present. Report of RI is received. R.I. Pattamundai is directed to conduct field enquiry report about possession with genuinty of Sarojkanta Tripathy if dead. Petitioner is directed to submit all original documents in support of his claim. It reveals from the L.R. that the petitioner has not yet been deposited the measurement fees. Hence the petitioners are directed to deposit the said amount with Nazir. Case to Dt.12.06.2008.” 3. It is submitted that the matter has not proceeded further and the order dated 02.07.2001 passed by the Commissioner, Land Records and Settlement, Odisha, Cuttack has not yet come to its logical end. Therefore, the petitioner has approached this Court with a prayer to issue writ of mandamus to the Tahasildar, Pattamundai to dispose of the matter as remitted by the Commissioner, Land Records and Settlement, Odisha, Cuttack. p. 4 4. Ms. Biswabara Dash, learned Addl. Standing Counsel submitted that if the order of remand has not yet been carried out by the Tahasildar, Pattamundai, appropriate direction may be issued so that the matter can be concluded by him. 5. In view of such submission(s), considering the fact that the proceeding before the Tahasildar, Pattamundai being pending after remand since 2001 and that the Tahasildar, Pattamundai has not proceeded further in the matter since 15.05.2008, it is felt apposite to direct the Tahasildar, Pattamundai to conclude the proceeding as remanded by the Commissioner, Land Records and Settlement, Odisha, Cuttack vide order dated 02.07.2001 within a period of six months from receipt of a copy of this order. Needless to observe that the Tahasildar, Pattamundai shall hear the necessary and proper parties and pass order as directed by the Commissioner, Land Records and Settlement, Odisha, Cuttack taking into account the observations made in order dated 02.07.2001 passed in Revision Petition bearing R.P. Case No.1324/96. 6. With the aforesaid observation (s) and direction, the writ petition stands disposed of. (M.S. Raman) Judge Bichi Designation: Secretary