Orissa High Court
Taranisen Pradhan And Others vs State Of Odisha And Others on 10 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.32987 of 2021
Taranisen Pradhan and others .... Petitioners
Mr. Arjuna Charan Behera, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Tapas Kumar Praharaj,
Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 10.11.2021
1. 1. This matter is taken up through hybrid mode.
2. This writ petition has been filed for a direction to the
Opposite Parties to record the land in question in favour of the
Petitionesr.
3. Learned counsel for the Petitioners submits that in a
proceeding under the Orissa Land Reforms Act, 1960, one
Kunja Pradhan was declared ceiling surplus land holder and his
ceiling surplus land was settled in favour of the father of the
Petitioners. However, the Consolidation ROR was published in
the name of the original landholder. In this regard, he relied
upon a judgment dated 7th July, 2021 of this Court passed in
W.P.(C) No.12015 of 2009, wherein this Court while deciding a
similar issue, has directed the Collector, Subarnapur and
Tahasildar, Rampur to record the land involved in that that case
in the name of the Petitioners therein. It is his submission that
this writ petition may be disposed of in the light of the said
decision.
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4. Mr. Praharaj, learned Standing Counsel for the State
vehemently objects to the above and submits that the judgment
referred to by the learned counsel for the Petitioners is in respect
of the writ petition which was filed in the year 2009 only.
Hence, the ratio decided in the said case cannot be applicable to
the case at hand due to delay and latches on the part of the
Petitioners.
5. Taking into consideration the submissions of learned
counsel for the parties, this Court is of the considered opinion
that since the learned counsel for the Petitioners submits that the
ratio more particularly legal issue involved in W.P.(C)
No.12015 of 2009 is similar to that involved in the present writ
petition, the Petitioners should make an application before the
Joint Commissioner, Settlement and Consolidation, Sambalpur
to consider his case in accordance with law.
6. Accordingly, this Court, without expressing any opinion
on the merits of the contentions of learned counsel for the
parties, disposes of the writ petition with an observation that in
the event the Petitioners file a revision under Section 37(1) of
the Odisha Consolidation of Holdings and Prevention of
Fragmentation of Land Act, 1972 before the Joint
Commissioner, Settlement and Consolidation, Sambalpur-
Opposite Party No.2 within a period of four weeks hence along
with certified copy of this order, the same shall be considered
and disposed of in accordance with law.
Issue urgent certified copy of the order on proper
application.
(K.R. Mohapatra)
Judge
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