CUTTACK, India, May 26 -- Orissa High Court issued the following order on April 23:
1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition seeks to assail the order dated 24.10.2025 (Annexure-8) passed by the Collector, Khordha in OGLS Revision Case No.05 of 2024 confirming the order dated 11.06.2019 (Annexure-6) passed by the Sub-Collector, Khordha in W.L. Case No.52 of 2016.
3. Mr. Mishra, learned Counsel for the Petitioner submits that the Petitioner and her husband being landless persons, were occupying a government land in Plot No.109, Khata No.227 to an extent of Ac.0.04 decimals (kisam Puratan Patita) in village Chutipalanga under Begunia Tahasil in the district of Khordha (for brevity 'the case land'). Both the Petitioner and her husband made an application to the Tahasildar, Begunia for settlement of the case land under their occupation for homestead purpose.
3.1. Upon receipt of the application, the Additional Tahasildar, Begunia sought for a report from the Revenue Inspector, Begunia, which was submitted on 06.06.2016. Accordingly, the Additional Tahasildar, Begunia vide his order dated 18.10.2016 (Annexure-3) in Lease Case No.52 of 2016 recommended settlement of the case land in favour of the Petitioner and her husband. The said proposal was submitted to the Sub-Collector, Khordha for confirmation and the Sub-Collector vide his order dated 15.07.2017 directed the Tahasildar, Begunia to take follow up action and record the case land in the name of both the Petitioner and her husband.
3.2. Mr. Mishra, learned counsel for the Petitioner further submits that procedure as provided under the Orissa Government Land Settlement Act, 1962 and the Rules framed thereunder was followed by the Tahasildar for settlement of the case land. When the matter stood thus, the Sub-Collector, Khordha after lapse two years suo motu reopened the W.L. Case No.52 of 2016 and vide his order dated 11.06.2019 (Annexure-6), recalled the order of settlement made vide Annexure-3 holding that the case land is not free from encroachment and the Petitioner is an encroacher. It was further observed that the report of the Revenue Inspector, Begunia and the field visit memorandum jointly signed by the Revenue Inspector, Begunia, Revenue Supervisor, Begunia and the Additional Tahasildar, Begunia dated 18.01.2017 reveal that the applicants (the Petitioner and her husband) were in unauthorised occupation of the case land for more than 10 years. Since the case land was not free from encroachment, he recalled the order of settlement of the Government Land made in favour of the Petitioner and her husband. In the meantime, the husband of the Petitioner namely, Chandra Sekhar Behera died on 14.02.2022. Assailing the same, the Petitioner preferred Revision (OGLS Revision Case No.05 of 2024) before the Collector and District Magistrate, Khordha, who dismissed the said Revision vide order dated 24.10.2025 (Annexure-8) and observed that the Petitioner, if so advised may take shelter under the Orissa Prevention of Land Encroachment Act, 1972 for consideration and regularisation of the settlement, if any.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv%2BTCLDRAilKnXHWMdspI9hMM55nLsw1j6R%2FnY2F%2BMUlL&caseno=WP(C)/6526/2026&cCode=1&cino=ODHC010145542026&state_code=11&appFlag=)
Disclaimer: Curated by HT Syndication.
