Soudamini Dash And Others vs Commissioner
2021 Latest Caselaw 7084 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No. 18921 of 2021

                 Soudamini Dash and others           ....           Petitioners
                                                 Mr.Niranjan Lenka, Advocate
                                            -versus-

                 Commissioner, Consolidation,          ....          Opp. Parties
                 Odisha and another
                                                       Mr.Swayambhu Mishra,
                                                   Additional Standing Counsel
                                                     (For Opposite Party No.1)

                           CORAM:
                           JUSTICE K.R.MOHAPATRA
                                       ORDER

Order No. 13.07.2021

2. 1. This matter is taken up by video conferencing mode.

2. Petitioners in this writ petition seek for a direction for early disposal of R.C.No.447 of 2015 filed under Section 36 of the Odisha Consolidation of Holding and Prevention of Fragmentation of Land Act, 1972 (for short, 'OCH & PFL Act')

3. It is submitted by Mr.Lenka, learned counsel that the revision case was last heard on 25th February, 2019 by the Commissioner, Consolidation, Odisha, Cuttack-Opposite Party No.1 and was posted for delivery of judgment. Thereafter, neither the judgment was delivered nor the matter was heard afresh. He further submits that due to pendency of the revision case, Petitioners are highly prejudiced. Hence, he prays for early disposal of the aforesaid revision case.

// 2 //

4. Mr.Mishra, learned ASC submits that he has no instruction in the matter. However, if the matter is still pending in the Court of Commissioner, Consolidation, Odisha, Cuttack

-Opposite Party No.1 necessary direction may be issued to him for early disposal of the same in accordance with law.

5. Taking into consideration the submissions of learned counsel for the parties, this Court, without expressing any opinion on the merits of the case, disposes of the writ petition with a direction that in the event the Petitioners file an authenticated copy of this order within a period of two weeks hence before Opposite Party No.1-Commissioner, Consolidation, Odisha, Cuttack he shall do well to take up RC No.447 of 2015 and make an endeavour for early disposal of the same, preferably within a period of four months therefrom giving opportunity of hearing to the parties concerned, if there is no legal impediment.

6. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021.

(K.R. Mohapatra) Judge

s.s.satapathy