Ashok Kumar Rath & Anr vs State Of Odisha &Ors
2022 Latest Caselaw 4884 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.21805 of 2022


            Ashok Kumar Rath & Anr.                 ....          Petitioner(s)
                                                              Mr. B. Pasayat,
                                                                   Advocate
                                        -versus-

            State of Odisha &Ors.                   ....     Opposite Party(s)
                                                              Mr. S. Ghose,
                                                           Addl. Govt. Adv.


                      CORAM:
                      JUSTICE BISWANATH RATH

                                        ORDER

20.09.2022 Order No.

01. 1. For the innocuous prayer made in this Writ Petition, this Court also involves the submission of Mr. Ghose, learned Addl. Govt. Adv.

2. From the pleadings made in this Writ Petition and the documents, this Court finds, the Petitioners got a judgment and decree in disposal of the T.S .No.14/514 of 1993/89. It appears, based on such judgment and decree there has been settlement proceeding through Annexure-3. It has been established that the appellate authority in disposal of the appeal has directed for bringing the corrections in the record of rights involved. Even though the preparation of record of rights is in progress, the Petitioners alleged that nobody is adhering to the direction of the competent authority already involved therein compelling the Petitioners to again make a request to the Settlement Officer, Puri-Opposite Party No.5. Learned counsel for the Petitioners alleges that there is serious apprehension against the public authority in not adhering to the orders involved therein.

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3. Considering the innocuous prayer but however, in absence of any information as to any challenge to the Civil Court judgment & decree involved herein as well as the appeal order at Annexures-2 & 3(series) respectively, this Court directs, provided there is no challenge to these orders and there is no stay operating involving such order by any higher forum, the Opposite Party Nos.5 to 8 will see that the record of rights is prepared in terms of the order at Annexures-2 & 3.

4. The entire exercise shall be completed within a period of one & half months from the date of communication of a certified copy of this order alongwith a copy of the writ petition by the Petitioners.

5. The Writ Petition stands disposed of with the above order.

(Biswanath Rath) Judge Ayaskanta Jena