Sri Anadi Charan Behera vs State Of Odisha And Others
2021 Latest Caselaw 11766 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.A. No.98 of 2017

            Sri Anadi Charan Behera              ....           Appellant
                                     Mr. B. H. Mohanty, Senior Advocate
                                       -versus-
            State of Odisha and others           ....        Respondents
                                            Mr. Debakanta Mohanty, AGA

                      CORAM:
                      THE CHIEF JUSTICE
                      JUSTICE A.K. MOHAPATRA

                                      ORDER

15.11.2021 Order No.

02. 1. The impugned order of the learned Single Judge has relegated the Appellant either to avail the alternative remedy under Section 15(B) of the Orissa Survey and Settlement Act (OSS Act) or to the filing of the suit.

2. Mr. Mohanty, learned Senior Counsel appearing for the Appellant states that till date the Appellant has not availed either of the courses of action. He cites an earlier judgment of the High Court where the point being urged by the present Appellant has been accepted.

3. It will be open to the Appellant to place the said judgment before the forum, which will examine the Appellant's grievance under Section 15(B) of the OSS Act. The

impugned order of the learned Single Judge does not call for interference. The appeal is dismissed.

(Dr. S. Muralidhar) Chief Justice

( A.K. Mohapatra ) Judge M. Panda