Orissa High Court
WP(C)/24971/2026 of NARADA KIRTANIA @ NARADA KIRTANIYA Vs STATE OF ODISHA on 2 September 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.24971 of 2026 CNR No. ODHC010591022026 Narada Kirtania @ Narada Kirtaniya and others ..... Petitioners Represented by Adv. Mr. Maheswar Mohanty -versus- State of Odisha & Others ..... Opposite Parties Represented by Mr. D. Lenka, AGA CORAM:
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IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.24971 of 2026
CNR No. ODHC010591022026
Narada Kirtania @ Narada
Kirtaniya and others
.....
Petitioners
Represented by Adv.
Mr. Maheswar
Mohanty
-versus-
State of Odisha & Others
.....
Opposite Parties
Represented by
Mr. D. Lenka, AGA
CORAM:
MR. JUSTICE SASHIKANTA MISHRA
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ORDER
02.09.2026
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the petitioners and learned Addl. Government Advocate for the State.
3. The petitioners have approached this Court with the following prayer:
“The petitioners humbly pray that your Lordships may kindly be graciously pleased to admit the writ petition and at the stage of admission this Hon'ble Court may kindly be pleased to issue of writ of mandamus in form of appropriate direction to the Sub-Collector, Malkangiri (O.P. No.3) for accepting the form-II (return) U/s-3(B) of Regulation-2/1956 from the petitioners in OSATIP Case No.369 of 2011 and the documents under Annexure-1, 2, 3, 4 Series and 6 in respect of their entitlement of Ac. 1.76 dec. (Hc.0.740 r.) out of Ac.2.65 dec. under Annexure-5.
And for this act of kindness the petitioners shall as in duty bound ever pray.” Order No.
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3. The facts of the case, briefly stated, are that the original recorded owners of the property obtained permission under Regulation 2 of 1956 to sell the same. Subsequently, they sold the property to Sri Dinesh Chandra Haldar, who, in turn, sold the property to Sri Narayan Chandra Kirtania. Thereafter, upon obtaining Mutation ROR No. 282/6, Sri Narayan Chandra Kirtania executed two registered Gift Deeds in favour of the present Petitioners. The relevant provisions of Regulation 2 were amended in the year 2002 and came into force on 07.9.2003 requiring the concerned persons to submit return in Form-II on 7.9.2005. According to the Petitioners, they being a rustic villager was unaware of the requirement to submit the return as per the amended provision. Accordingly, they have not submitted the same even till date. Apprehending that their return may not be accepted, they have approached this Court seeking necessary direction.
4. Considering the facts stated in the Writ Petition and the submissions made, the Writ Petition is disposed of directing the Sub- Collector, Malkangiri (opposite party No.3) to accept the return in Form-II to be filed by the Petitioners within 15 days from today. The Sub-Collector shall take note of the grounds for non-submission of the Form-II earlier by the Petitioners and pass orders accordingly.
1. (Sashikanta Mishra) Judge
B.C. Tudu
Digitally Signed Signed by: BHIGAL CHANDRA TUDU Reason: Authentication Location: Orissa High Court, Cuttack Date: 03-Sep-2026 18:58:48 Signature Not Verified