WP(C)/32931/2020
2021 Latest Caselaw 73 Ori

                               W.P.(C) No.32931 of 2020




02.   05.01.2021         Due to outbreak of COVID-19, this matter is taken
                   up through Video Conferencing.
                         Heard Mr. T. Dash, learned counsel for the
                   petitioners   and   Mr.    Arun     Kumar   Mishra,   learned
                   Additional Government Advocate for the State-opposite
                   parties.
                         The grievance of the petitioners in this writ petition
                   is with regard to inaction of the Tahasildar, Vyasanagar-
                   opposite party in not finalizing Misc. Case Nos.1340,
                   1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349,
                   1350, 1351, 1352 and 1353 of 2015 pending before him
                   to prepare separate R.O.Rs. in favour of individual co-
                   sharers pursuant to the judgment and order passed in
                   F.A. No.29 of 1945 dated 13.12.1950.
                         It is submitted by Mr. Dash, learned counsel for the
                   petitioners that pursuant to the order passed on
                   compromise in F.A. No.29 of 1945, final decree was
                   drawn up on 21.01.2015 in T.S. No.02 of 1943. Pursuant
                   to the final decree passed, the court commissioner
                   delivered possession to the co-sharers as per the final
                   decree. Accordingly, the co-sharers filed individual misc.
                   cases before the Tahasildar, Vyasanagar for recording of
                   the case land. Although the applications as aforesaid
                   have been filed since 2015, no step has been taken by the
                   Tahasildar, Vyasanagar to finalize the same. Hence, this
                   writ petition has been filed.
                         Mr.     Mishra,     learned   Additional   Government
                   Advocate for the State, on the other hand, submits that
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     he has no instruction in the matter. If the misc. cases, as
     aforesaid, are pending before the Tahasildar, Vyasanagar,
     he should take a decision on the same in accordance with
     law.
            In view of the above, this Court without expressing
     any opinion on the merits of the case, disposes of the writ
     petition with a direction to the Tahasildar, Vyasanagar-
     opposite party to examine the matter with reference to
     the relevant records and dispose of Misc. Case Nos. 1340,
     1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349,
     1350, 1351, 1352 and 1353 of 2015 in accordance with
     law as expeditiously as possible preferably within a
     period of four months from the date of production of an
     authenticated copy of this order, if there is no legal
     impediment.
            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.


                                    ................................
                                   K.R. MOHAPATRA,J.

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