WP(C)/1420/2021
2021 Latest Caselaw 615 Ori

                            W.P.(C) No. 1420 of 2021




02.   19.01.2021          Due to outbreak of COVID-19, this matter is
                   taken up through Videoconferencing.
                   2.     Heard Mr.Prasanna Kumar Mishra, learned counsel
                   for the petitioner and Mr.S.N. Mishra, learned Additional
                   Government Advocate for the State opposite party Nos. 1 to
                   3.
                   3.      Petitioners, in this writ petition pray for a
                   direction to quash and set aside the proceedings in RP
                   Case No.09 of 2004 pending in the file of Revenue
                   Divisional Commissioner (Northern Division), Sambalpur.
                   4.      Mr.Mishra, learned counsel for the petitioner
                   submits that pursuant to judgment dated 21.22.1991
                   passed by the learned Munsif in TS No.16 of 1991, the
                   land in question was directed to be recorded in the name
                   of the petitioner Mayadhar Panda and his brother, namely,
                   Sudhakar Panda. After lapse of more than 13 years from
                   the date of judgment passed in TS No.16 of 1991 and 32
                   years of publication of ROR, opposite party No.4-Ratnakar
                   Sahu filed RP Case No.9 of 2004 under Section 15(b) of the
                   Orissa Survey and Settlement Act, 1958, which is pending
                   before the Revenue Divisional Commissioner (Northern
                   Division), Sambalpur (OP No.2). It is his case that his
                   brother, namely, Sudhakar Panda, has not been made a
                   party to the case. The petitioner on receipt of the notice in
                   the matter, has already filed his objection on the issue of
                   limitation and the merit of the case, as well, but the
                   Revenue Divisional Commissioner (Northern Division),
                   Sambalpur, without considering the same is proceeding
                   with the matter. Thus, the petitioner apprehends that he
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     may not get any relief in the Court of RDC (Northern
     Division), Samabpur. Hence, he filed the present writ
     petition praying for the aforesaid relief.
     5.       Mr.S.N.Msihra, learned AGA, on the other hand
     submits that RP Case No.9 of 2004 is pending before the
     competent    authority    and     the   petitioner   was   given
     opportunity of hearing in the revision proceeding. Hence,
     the same cannot be quashed/set aside merely basing upon
     the apprehension of the petitioner, which is without any
     basis. Petitioner, if so advised may contest the revision
     case.
     6.       Taking into consideration the submissions of
     learned counsel for the parties, this Court without
     expressing any opinion on the merit of the case of either
     side, disposes of the writ petition with a direction that in
     the event revision proceeding in RP Case No.9 of 2004 is
     still pending before the Revenue Divisional Commissioner
     (Northern Division), Sambalpur, he shall do well to
     consider the same and dispose of the same giving
     opportunity of hearing to the parties concerned including
     the petitioner. Petitioner is at liberty to file objection along
     with relevant documents, which shall be taken into
     consideration while adjudicating the matter.
     6.1.     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.
ss
                                       ................................
                                      K.R. MOHAPATRA,J.