Orissa High Court
Tilottama Bahinipati vs State Of Odisha And Others on 30 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No. 1615 of 2023
Tilottama Bahinipati ..... Appellant
Mr. Gautam Mukherji, Sr. Advocate
assisted by Mr.R.D.K. Dash, Advocate
Vs.
State of Odisha and Others ..... Respondents
Mr. D.K.Mohanty, AGA
CORAM:
THE CHIEF JUSTICE
JUSTICE SAVITRI RATHO
ORDER
30.08.2023
Order No. I.A. No.4292 of 2023
01.
1. This matter is taken up through hybrid mode.
2. Heard Mr.Gautam Mukherji, learned Senior Counsel
assisted by Mr.R.D.K.Dash, learned counsel for the appellant and
Mr.D.K.Mohanty, learned Addl. Government Advocate for the
respondents.
3. This is an application under Section-5 of the Limitation Act
for condonation of delay of 1897 days in filing the intra-court
appeal from the order dated 04.04.2018 delivered in W.P. (C)
No.3456 of 2014 by the learned Single Judge.
4. Mr.D.K.Mohanty, learned Addl. Government Advocate has
fairly submitted that the State-Respondents will not oppose the
prayer for condonation of delay as in the similar circumstances,
this Court granted the relief clarifying that the authorities will be
at liberty to proceed under Section 3B of the OGLS Act.
5. Accordingly, the delay is condoned and the Interlocutory
Application is allowed and disposed of.
W.A. No.1615 of 2023
1. This appeal is directed against the order dated 04.04.2018
passed by the learned Single Judge in W.P. (C) No.3456 of 2014.
By the said order, the writ petition has been dismissed as not
maintainable on observing that the appellant has alternative
remedy to file a revision under Orissa Survey and Settlement Act.
2. It has been stated by Mr. Mukherji, learned Senior Counsel
that at the time when the impugned order was passed, the
judgment of this Court dated 02.01.2023 in W.P. (C) No.1608 of
2014 titled Narottam Rath v. State of Odisha : 2023 SCC Online
Ori.153 had not been pronounced. That judgment answers the
question in favour of the appellant 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. Following the judgment in
Narottam Rath v. State of Odisha (supra), this Court had set
aside the impugned order in W.A. No.131 of 2023 (Mrs.
Manjulata Jena v. State of Odisha and others) in the similar
circumstances and directed that the appellant's name will be
entered in the ROR as prayed for and at the same time, liberty is
granted to the Government to proceed under Section 3B of the
OGLS Act, if they so intend.
3. Mr. Mukherji, learned Senior Counsel has further submitted
that the said decision in Narottam Rath (supra) squarely covers
the present controversy to which Mr.D.K.Mohanty, learned Addl.
Government Advocate did not raise any objection and he has
submitted that the above decision may resolve the present
controversy.
4. Having appreciated the proposition of law, as settled by the
order dated 11.04.2023 passed in W.A. No.131 of 2023, we allow
this appeal and set aside the order dated 04.04.2018 as delivered
by the learned Single Judge in W.P. (C) No.3456 of 2014 and
direct the authorities to record the suit plot comprised in Plot
No.1958/3172 under Khata No.621/64 having an area of 1.000
acre under Mouza:Andharua, Hal Khata No.554, Hal Plot
No.4295 measuring 0.4047 Hect., Village:Andharua, P.S.
Chandaka, Dist:Khurdha in the name of the appellant. We make it
abundantly clear the Settlement Authorities may proceed under
Section 3B of the OGLS Act, if they are so satisfied that there is
Bichi such requirement.
5. In terms of the above, this appeal is allowed.
6. Issue urgent certified copy as per rules.
(S.Talapatra)
Chief Justice
(Savitri Ratho)
Judge
Signature Not Verified
Digitally Signed
Signed by: BICHITRANANDA SAHOO
Designation: Personal Assistant
Reason: Authentication
Location: Orissa High Court
Date: 01-Sep-2023 15:11:02
