Ramesh Chandra Parida & Anr vs State Of Odisha And Ors
2023 Latest Caselaw 10418 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       W.P.(C) No. 28240 OF 2023

            Ramesh Chandra Parida & anr.                           ....              Petitioner(s)
                                                                            Mr.P.K.Behera,Adv.
                                                     -versus-

            State of Odisha and Ors.                               ....         Opposite Party(s)
                                                                             Mr.U.K.Sahoo,ASC



                          CORAM:
                          JUSTICE BISWANATH RATH
                                                  ORDER

Order No.                                        30.08.2023
     01.     1.        Heard learned counsel for the Parties.

2. This Writ Petition involves the following prayer:-

<Under the premises as stated above, the humbly petitioners fervently pray that, your Lordships may graciously be pleased to consider the facts of the case, may further pleased to admit the Writ application, call for the records and issue notice to the opp. parties and after being heard from the both parties, to allow the same to the extent that;

i) issue appropriate Writ/direction by directing to the Tahasildar, Mahakalapara,( opp. party No.3) to take diligent steps for proper initiation in the matter of dispose of the petition/application of the petitioners dt. 15.05.2023 under Annexure-4 in accordance with law, giving an opportunity of hearing to the petitioners as regard to prayer for settlement of ROR in favour of the petitioners, which relates to property i.e. Jamabandi Khata No.3/102 & No.3/103, respectively of Mouza-Nipania, though statutory K.Form pata bearing Khata No.3, Plot No.36, Ac.01.68 dec. each and similarly plot No.34 Ac.0.02 dec. Plot No.35 Ac.0.46 dec, plot No.37 Ac.0.85 dec. and plot No.38 Ac.0.68 dec. of Mouza-Nipania and taking into consideration of the judgment/order dt. 24.10.1968 passed by the revenue authority in Encroachment Case No.1837 of 1968-69 under Annexure-1; within a reasonable time to be stipulated by this Hon'ble court.

ii) And further this Hon'ble Court may graciously be pleased to pass any other order(s)/direction(s) as would be deemed fit and proper in the circumstances of the case;

iii) And for this act of kindness, petitioners as in duty bound shall ever pray.=

3. Considering the Petitioners have a claim pending before the Tahasildar, Mahakalapara vide Annexure-4 having foundation through development at Annexure-1, this Court directs the Tahasildar,

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Mahakalapara-O.P.3 to conclude the proceeding taking recourse through Annexure-1 pending, by completing entire exercise within a period of two months from the date of communication of this order by the Petitioners.

(Biswanath Rath) Judge Sks

Signature Not Verified Digitally Signed

Reason: Authentication Location: High Court of Orissa Date: 31-Aug-2023 18:17:39