Manjula Nayak vs State Of Odisha & Others
2023 Latest Caselaw 10450 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No.896 of 2016


Manjula Nayak                         .....                                Petitioner
                                                         Mr. Jaydeep Pal, Advocate
                                      Vs.
State of Odisha & others              .....                         Opposite Parties
                                                             Mr. A.K. Mishra, AGA


             CORAM:
                 DR. JUSTICE B.R. SARANGI
                 MR. JUSTICE MURAHARI SRI RAMAN

                                             ORDER

30.08.2023

Order No. This matter is taken up through hybrid mode.

03.

2. Mr. Jaydeep Pal, learned counsel for the petitioner states that during pendency of the writ petition, opposite party no.6 died.

3. Mr. A.K. Mishra, learned Additional Government Advocate appearing for the State states that this matter is covered by the judgment of this Court in the case of Narottam Rath v. State of Odisha, 2023 SCC OnLine Ori. 153, to which learned counsel for the petitioner has no objection.

4. Heard the learned counsel for the parties.

5. In view of the judgment of this Court in the case of Narottam Rath (supra), the impugned order of the Assistant Settlement Officer (ASO) is set-aside and the following directions are issued:

(i) A direction is issued to the ASO to now proceed to record the name of the petitioner concerning the land in question in her name in the RoR, in accordance with law within a period of eight weeks.

(ii) Where the land in question stands recorded in the final published RoR in the name of the Government that entry will stand cancelled by virtue of this order and the ASO will proceed to record it in favour of the petitioner.

6. The above directions will be carried out within a period of four months from today. It is made clear that this order will not prevent the Government from exercising powers under Section 3-B of the OGLS Act, in accordance with law.

7. Needless to say that while considering the case, the State Authorities shall give an opportunity to the legal representatives of the deceased persons, who have died during pendency of the writ petition.

8. The writ petition is disposed of in the above terms.

(DR. B.R. SARANGI) JUDGE

(M.S. RAMAN) MRS JUDGE

Signature Not Verified Digitally Signed Signed by: MANORANJAN SAMAL Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court, Cuttack Date: 30-Aug-2023 17:19:46