Minati Mishra vs State Of Odisha And Others
2022 Latest Caselaw 5882 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              WP(C) No.25427 of 2022

                               (Through Hybrid mode)

            Minati Mishra                               ....              Petitioner

                                    Mr. Sanjay Kumar Samantaray, Advocate

                                          -Versus-
            State of Odisha and others                  ....      Opposite Parties

                                          Mr. A. K. Sharma, Advocate (AGA)

                    CORAM:

                     JUSTICE ARINDAM SINHA
                     JUSTICE SANJAY KUMAR MISHRA
                                          ORDER

Order No. 26.10.2022

WP(C) no.25427 of 2022, I.A. nos.13429 and 13430 of 2022

01. 1. Mr. Samantaray, learned advocate appears on behalf of petitioner and submits, prayer of his client is for setting aside impugned order dated 20th May, 2022 passed by the Assistant Settlement Officer (opposite party no.6) with direction to competent authority to correct final Hal ROR of scheduled land in favour of petitioner as per draft ROR under annexure 3.

2. He submits, by impugned order the Assistant Settlement Officer exceeded the power since there was no objection to the draft published. In the circumstances, provision in sections 12 and 12-B in Odisha Survey and Settlement Act, 1958 required the office to publish the final settlement record as per the draft.

3. He relies on order dated 17th May, 2018 made by a coordinate Bench in WP(C) no.17359 of 2014 (Smt. Babita Sahoo v. State of Odisha and others) to submit, the Division Bench relied upon several judgments of the Supreme Court for declaration of law that where a power is given to do a certain thing in a certain way, the same must be done in that way or not at all. He submits, in exercising power under sections 12 and 12-B, the Assistant Settlement Officer had no power to cancel his client's purchase deed.

4. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and prays for time to file counter.

5. Counter be filed by 14th November, 2022. Petitioner may file rejoinder by 21st November, 2022.

6. List on 23rd November, 2022.

7. Status quo be maintained in the meantime. The I.A. is disposed of.

8. Requirement to file certified copies of orders is dispensed with since, photostat copies have been filed. The I.A. is disposed of.

(Arindam Sinha) Judge

(S. K. Mishra) Judge RKS