Padmalaya Bhoi vs State Of Odisha & Ors
2022 Latest Caselaw 3255 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) NO.10312 OF 2022

        Padmalaya Bhoi                         ....               Petitioner
                                                    Mr.A.C.Samal, Adv.
                                    -versus-
        State of Odisha & ors.                 ....        Opposite Party(s)
                                                     Mr.S.P.Panda, AGA
                CORAM:
                JUSTICE BISWANATH RATH
                               ORDER

Order                         13.7.2022
No.
  2.    1.      Heard learned counsel for the Parties.

2. The Writ Petition involves a challenge to the order at

Annexure-5.

3. Learned counsel for the Petitioner drawing the attention of

this Court to the judgment, vide Annexure-4 makes a statement that

the order of the Revenue Authority is completely contrary to the

judgment of this Court already involving Annexure-4.

4. Considering the rival contentions of the Parties, this Court

finds, the Petitioner's claim has strength on the basis of the

judgment of this Court. Perused the impugned order at Annexure-5.

This Court finds, even though the judgment of this Court involving

W.P.(C) No.18171 of 2016 has been relied on by the Party

concerned, there has been mechanical consideration and complete

ignorance of the direction made by this Court through the judgment

at Annexure-4.

// 2 //

5. Considering there is mechanical disposal by the Revenue

Authority at Annexure-5, this Court interferes with the impugned

order at Annexure-5. However, considering there is re-consideration

involving the Appeal involved herein strictly on the basis of the

judgment of this Court, the matter is remitted to the A.D.M.,

Sambalpur for re-consideration of the Appeal and disposal afresh

however keeping in view the guidelines involving W.P.(C)

No.18171 of 2016 disposed of on 14.12.2016 by completing the

entire exercise within a period of two months from the date of

communication of this order by the Petitioner. The Petitioner is

directed to appear before the Appellate Authority for disposal of the

Miscellaneous (Registration) Appeal No.01/2022 afresh and take

date of hearing.

6. The Writ Petition stands disposed of accordingly.

(Biswanath Rath) Judge

M.K.Rout