Samar Kumar Swain vs State Of Orissa & Ors
2023 Latest Caselaw 3589 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.5110 of 2015


            Samar Kumar Swain                      ....         Petitioner(s)
                                                    Mr. D. Mohapatra, Adv.
                                        -versus-


            State of Orissa & Ors.                 ....      Opposite Party(s)
                                                        Mr. S.P. Panda, Adv.

                      CORAM:
                      JUSTICE BISWANATH RATH
                                       ORDER

17.04.2023 Order No.

03. 1. Memo of appearance filed by Mr. Dayananda Mohapatra, learned counsel for Petitioner in Court today be kept on record.

2. Writ Petition involves a challenge to the impugned order at Annexure-6.

3. In course of hearing it has been brought to the notice of this Court that involving similar situation the Division Bench of this Court has already taken up several similar matters and vide its judgment dated 2.01.2023 the Division Bench interfering in the order standing in similar situation remitted the matter to the A.S.O with further directions therein. There is no dispute on the application of the judgment of the Division Bench to the case at hand at Bar.

4. This Court, accordingly, applying the analogy through the judgment dated 02.01.2023 in W.P.(C) No.1608 of 2014 with batch, interferes in the impugned order at Annexure-1 and remits the matter to the A.S.O, Khurda-O.P.4, who is directed to proceed for recording the name of the Petitioner in respect of the land in R.O.R within a period

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of eight weeks from the date of communication of a copy of this order by the Petitioner, by bringing corrected record of rights.

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

(Biswanath Rath) Judge

Ayaskanta Jena