Gobinda Prasad Pattanayak vs State Of Odisha And Others
2023 Latest Caselaw 4069 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C) No. 10687 of 2016

            Gobinda Prasad Pattanayak                 ...             Petitioner
                                                 Mr. P.K. Satapathy, Advocate
                                          -versus-
            State of Odisha and Others                ...       Opposite Parties
                                            Mr. Biswajit Mohapatra, Advocate
                                               Mr. Debakanta Mohanty, AGA

            CORAM:
            THE CHIEF JUSTICE
            JUSTICE G. SATAPATHY
                                          ORDER

Order No. 21.04.2023

06. 1. The present petition is by Sri Gobinda Prasad Pattanayak, who claims to be the owner of the property forming part of Khata No.917, Plot No.1135/3776 to an extent of land Ac. 0.316 decimals out of Ac 0.606 decimals under Touzi No.2499 relating to Sabik Mouza Baharbisinabar (hereafter 'the property in question').

2. Aggrieved by the name of Cuttack Municipal Corporation (CMC) being entered in the Hal Settlement Record of Rights (ROR) concerning the property in question, the Petitioner is stated to have filed Revision Petition No.2161 of 2001 which came to be allowed by the Commissioner, Land Records and Settlement, Orissa, Cuttack by an order dated 24th February, 2004. This order was challenged by the CMC in W.P.(C) No.12031 of 2006 which

came to be dismissed by the learned Single Judge by an order dated 28th June, 2010.

3. As far as the present petition is concerned, the Petitioner is aggrieved by the order dated 10th July, 2015 passed by the Member, Board of Revenue, Odisha, Cuttack allowing the application filed by the CMC to implead itself in OEA No.29 of 2009 which was a suo motu revision under Section 38 B of the Odisha Estate Abolition Act (OEA Act). The plea of the present Petitioner was that during pendency of the W.A. No.467 of 2010 filed by CMC against an order dated 28th June, 2010 passed by the learned Single Judge in W.P.(C) No. 12031of 2006, the Member Board of Revenue could not have allowed such an application filed by the CMC.

4. In the present writ petition on 24th June, 2016 this Court while issuing notice, stayed the further proceeding in OEA RC Case No.29 of 2009.

5. Today by a separate judgment this Court has allowed W.A. Nos.467 of 2010 thereby setting aside both the orders dated 28th June, 2010 passed by the learned Single Judge ion W.P.(C) No.12031 of 2006 and the corresponding order dated 24th February, 2004 of the Joint Commissioner as well as the corresponding orders dated 28th March, 1998 of the Sub-Collector, Sadar Cuttack and the mutation order dated 7th January, 1978 passed by the Tahasildar-cum-OEA Collector, Cuttack in OEA No.3699 of 1976.

6. As a result, the impugned order passed by the Member, Board of Revenue impleading CMC in OEA No.29 of 2009 cannot be faulted. In that view of the matter, the interim order passed by this Court on 24th June, 2006 is hereby vacated and the writ petition is dismissed.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge S.K. Jena/Secy.