Iswar Chandra Rath & Anr vs State Of Odisha & Ors
2023 Latest Caselaw 8371 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) No.12719 of 2023


            Iswar Chandra Rath & Anr.               ....          Petitioner(s)
                                                           Mr. S. Baug, Adv.
                                         -versus-

            State of Odisha & Ors.                  ....    Opposite Party(s)
                                                         Mr. S. Ghose, AGA

                        CORAM:
                        JUSTICE BISWANATH RATH
                                        ORDER

01.08.2023 Order No.

02. 1. Heard the submission of learned counsel for Petitioner at length.

2. In course of hearing both the parties submit that there is no dispute on the applicability of the judgment of this Court in W.P.(C) No.22872 of 2022 to the case at hand. This Court on perusal of the pleadings also finds, this case stands on same footing as that of W.P.(C) No.22872 of 2022. In the process this Court in disposal of this Writ Petition directs as follows:-

3. In the circumstance, this Court finds, the impugned order at Annexure-3 remains unsustainable in the eye of law. For there is sufficient material to satisfy the claim of the Petitioner, this Court while allowing the Appeal Case No.68 of 2021 also directs the Settlement Officer, Major Settlement-Opposite Party No.6 to bring corrections in the record of rights in respect of the balance land as disclosed in the proceeding pending before it also by treating it to be in the ownership of the Petitioners. Considering that there is already

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unnecessary harassment to the Petitioners, the Opposite Party No.1 is directed to oversee the working out of the direction contained herein. New record of rights be also brought within a period of one month from the date of communication of a copy of this order and copy of the corrected record of rights be handed over to the Petitioners within seven days thereafter. Let a copy of the judgment in W.P(C) No.22872 of 2022 form part of this judgment.

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

(Biswanath Rath) Judge Ayaskanta Jena

Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-Aug-2023 10:43:28