Smt.Shantilata Nayak & Anr vs Commissioner
2022 Latest Caselaw 4770 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              WP(C) NO.7889 OF 2003

            Smt.Shantilata Nayak & anr.              ....             Petitioner

                                                     Mr.R.K.Mohanty, Sr.Adv.

                                          -versus-


            Commissioner, Consolidation, Cuttack ....          Opposite Party(s)
            & ors.
                                                          Mr.U.K.Sahoo, ASC
                                                          Mr.S.K.Mishra, Adv.


                      CORAM:
                      JUSTICE BISWANATH RATH
                                      ORDER

15.9.2022 Order No.

18. 1. Heard learned counsel for the Parties.

2. There is technical objection from the side of the private

O.Ps. that when there was involvement of eight numbers of

Objection Cases with different pleadings, the Appellate Authority

and Revisional Authority went wrong in making a common

judgment involving so many disputes. There is no dispute in such

contention by Opposite Parties. In the circumstance, this Court finds,

the impugned orders are not sustainable in the eye of law and the

matter should go back to the appeal stage for considering each

Objection Case involved therein separately.

// 2 //

3. Accordingly, the impugned orders are set aside and the

matters involved are remitted to the Appellate Authority for re-

disposal of all the Appeals individually. The Parties are directed to

appear before the Appellate Authority on 28.9.2022 to advance their

further submission, if any. There shall be separate registration of the

Appeals, if there is no separate registration of the Appeal. All

Appeals shall be heard and disposed of independently. For there is a

remand order, there shall be fresh adjudication of the matter but

within the availability of materials and without being influenced by

any of the observations either in the appellate order or revisional

order.

4. With the above direction, the Writ Petition stands disposed

of.

(Biswanath Rath) Judge M.K.Rout