Orissa High Court
WP(C)/30407/2020 on 7 January, 2021
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W.P.(C) No. 30407 of 2020
4. 07.01.2021 Due to outbreak of COVID-19, this matter is taken
up through Videoconferencing.
2. Heard Mr.Budhiram Das, learned counsel for the
petitioner and Mr.Dillip Kumar Mishra, learned
Additional Government Advocate for the State-opposite
parties 3, 4 and 5.
3. Petitioner, in this writ petition seeks to assail the
order dated 20th March, 2020 (Annexure-7) passed by
the Revenue Divisional Commissioner (Southern
Division), Berhampur (OP No.3) in OSSARC No.312 of
2017, whereby he directed to record plot Nos.59
(Ac.0.551 decimal), 63 (Ac.0.109 decimal), 64 (Ac.0.610
decimal), 71 (Ac.0.267 decimal), 106 (Ac.0.319 decimal),
163 (Ac.0.049 decimal), 170 (Ac.0.146 decimal), 174
(Ac.0.032 decimal), 176 (Ac.0.074 decimal), 195
Ac.1.292 decimal), 273 (Ac.0.272 decimal), total 13 plots
measuring Ac.4.559 decimal, mouza Pirikudi under
Khajuripada tahasil in the district of Kandhamal in
favour of opposite party Nos. 1 and 2.
4. The main contention of Mr.Das, learned counsel
for the petitioner that the impugned order under
Annexure-7 has been passed solely relying upon the
judgment dated 29th September, 2007 and final decree
dated 12th October, 2007 passed in CS No.15 of 2006.
Assailing the said judgment and decree, present
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petitioner has already filed Title Appeal No.23 of 2020.
Thus, the impugned order will not be sustainable
during pendency of the Civil proceeding. He, therefore,
prays for setting aside of the impugned order.
5. Mr. Mishra, learned AGA, on the other hand,
submits that the appeal as stated above, has been filed
very recently and at the time of pronouncement of the
impugned order no appeal was filed and the judgment
and decree passed in CS No.15 of 2006 was in force. It
is submitted that the judgment and decree passed CS
No.15 of 2006 has not yet been set aside. Hence, the
Commissioner, Settlement has committed no error in
passing the impugned order under Annexure-7. Hence,
prays for dismissal of the writ petition.
6. At this stage, Mr.Das, learned counsel for the
petitioner submits that he may be permitted to
withdraw the writ petition to move the RDC (Southern
Division), Berhampur (OP No.3) for reconsideration/
recall of the impugned order under Annexure-7 in view
of pendency of RFA No.26 of 2007 before the learned
District Judge, Phulbani.
7. In view of the above, the writ petition is disposed
of as withdrawn with the observation that if the
petitioner files an application for recall/reconsideration
of order dated 20.03.2020 passed in OSSARC No.312 of
2017 along with an authenticated copy of this order, the
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RDC (Southern Division), Berhampur shall do well to
consider the same in accordance with law giving
opportunity of hearing to the parties concerned.
7.1 Authenticated copy of this order downloaded from
the website of this Court shall be treated at par with
certified copy in the manner prescribed in this Court's
Notice No.4587 dated 25.03.2020.
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K.R. Mohapatra, J.
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