Orissa High Court

WP(C)/23883/2026 of KANAKA SWAIN Vs STATE OF ODISHA on 3 September 2026

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of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.23883 of 2026 CNR No. ODHC010551332026 Kanaka Swain ..... Petitioner Represented by Adv. - Bijaya Kumar Behera 1 -versus- State Of Odisha and others ..... Opposite Parties Represented by Adv. – Mr. D. Lenka, AGA CORAM: MR. JUSTICE

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IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.23883 of 2026

CNR No. ODHC010551332026

Kanaka Swain

.....

Petitioner

Represented by Adv. -

Bijaya Kumar Behera

-versus-

State Of Odisha and others

.....

Opposite Parties

Represented by Adv.

– Mr. D. Lenka, AGA

CORAM:

MR. JUSTICE SASHIKANTA MISHRA

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ORDER

03.09.2026

1. This matter is taken up through hybrid mode.

2. Heard learned Counsel for the petitioners and learned Standing Counsel for the State.

3. The petitioner is aggrieved by the publication of not-final Hal R.O.R. by the Assistant Settlement Officer. The said not-final R.O.R. is recorded in the name of the G.A. Department. The petitioner, desiring to file appeal under Section 12-A of the Odisha Survey and Settlement Act, approached the Addl. Settlement Officer, Bhubaneswar but his memorandum of appeal is not being entertained.

4. Learned counsel for the State submits that objection/appeal against such publication was being accepted till August 2025, but not thereafter. Order No.

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5. To this, learned counsel for the petitioner submits that unless he is permitted to prefer an appeal, he would be seriously prejudiced as the land has been recorded in the name of the G.A. Department.

6. Since, according to the petitioner, his valuable right has been infringed by publication of not-final Hal R.O.R., the writ petition is disposed of granting him liberty to prefer an appeal before the concerned appellate authority within ten days from today. If such an appeal is filed along with an application for condonation of delay, the appellate authority shall consider the same and pass appropriate order in accordance with law. It goes without saying that the application for condonation of delay shall be considered at the first instance.

(Sashikanta Mishra)

Judge

A.K. Rana Digitally Signed Signed by: AJAYA KUMAR RANA Designation: P.A. Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Sep-2026 16:33:46 Signature Not Verified

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