Mrs. Manjulata Jena vs State Of Odisha And Others
2023 Latest Caselaw 3177 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   W.A. No.131 of 2023


            Mrs. Manjulata Jena                          ....          Appellant
                           Mr. Gautam Mukherji, Senior Advocate assisted by
                                                Mr. R.D.K. Dash, Advocate

                                          -versus-
            State of Odisha and others            ....       Respondents
                              Mr. Debakanta Mohanty, A.G.A. for the State

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                           ORDER

11.04.2023 Order No.

01. I.A. No.318 of 2023

1. For the reasons stated, the I.A. is allowed. Accordingly, the delay in filing the appeal is condoned.

W.A. No.131 of 2023

2. The present writ appeal is directed against an order dated 4th April 2018 passed by the learned Single Judge dismissing the writ petition as not maintainable on the ground that the Appellant has an alternative remedy of filing a revision under the Orissa Survey and Settlement Act (OSS Act).

3. At the time that the impugned order was passed, the judgment of this Court dated 2nd January 2023 in W.P.(C) No.1608 of 2014 (Narottam Rath v. State of Odisha 2023 SCC OnLine Ori 153 had

not been pronounced. That judgment answers the question in favour of the present Appellant viz., that the Assistant Settlement Officer under the OSS Act could not have suo motu, at the stage of considering a request for correction of the record of rights, entered the name of the Government. The Court is clarified in the said judgment that the setting aside the order of the ASO would not preclude the Government from proceeding under Section 3B of the OGLS Act.

4. Following the judgment in Narottam Rath v. State of Odisha (supra), this Court sets aside the impugned order and directs that the Appellant's name will be entered in the ROR as prayed for while at the same time reserving the liberty of the Government to proceed in accordance with law under Section 3B of the OGLS Act.

5. The writ appeal is disposed of in the above terms. Issue urgent certified copy of this order as per rules.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge S.K. Guin