WP(C)/35965/2020
2021 Latest Caselaw 813 Ori

                                W.P.(C) No. 35965 of 2020




2. 25.01.2021              Due to outbreak of COVID-19, this matter is
                taken up through Videoconferencing.
                2.         Heard Mr.Ajay Kumar Dash, learned counsel for
                the petitioners and Mr.Amiya Kumar Mishra, learned
                Additional Government Advocate for the State-opposite
                parties.
                3.         Petitioners, in this writ petition pray for a
                direction to consider their case for correction of ROR
                pursuant to judgment dated 08.08.1967 in Case No.82
                of 1964.
                4.         It is submitted by Mr.Das, learned counsel for
                the petitioner, while adjudicating the case No.82 of 1964,
                learned Munsif Khordha answered the issue No.2 in
                favour of the petitioners declaring their right and title
                over the land in question. It is his submission that
                although an application dated 27.10.2020 has been filed
                before the Tahasildar, Khordha (OP No.2), no action has
                yet been taken on the same to correct the ROR
                accordingly. Hence, he has filed the present writ petition.
                5.         Mr.Mishra, learned AGA, on the other hand,
                submits that the judgment annexed to the writ petition
                does not disclose that the title of the petitioner has been
                declared in respect of the suit land. Learned Munsif
                while answering issue No.2, has only held that the
                petitioners have title over the land in question. It is not
                known as to whether the said judgment has been set
                aside or varied and in the higher forum. Petitioners have
                also not filed mutation of the said land in their name
      pursuant to the judgment and decree passed in the title
     suit. In that view of the matter, no action can be taken
     on the petition dated 27.10.2020 stated to have been
     filed before the Tahasildar, Khordha (OP No.2). As such,
     he prays for dismissal of the writ petition.
     6.      Taking into consideration the submissions of
     learned counsel for the parties and on perusal of the
     record, it appears that no declaration of title in respect of
     the land in question has been made in favour of the
     petitioners in the judgment passed in TS No.82 of 1964
     (annexure-1). However, the petitioners claim to have
     right, title and interest over the case land pursuant to
     the said judgment. If that be so, it is open for the
     petitioners to file Mutation Case for necessary correction
     in the ROR, which shall be dealt with in accordance with
     law.
     7.      With the aforesaid observation and direction, the
     writ petition is disposed of.
     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.


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

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