Chhabirani Pattnaik & vs Special Secretary To
2023 Latest Caselaw 8517 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                       W.P.(C) No. 13175 of 2016

Chhabirani Pattnaik &              .....                        Petitioners
Another
                                            Mr. B.K. Mohanty, Advocate
                             Vs.
Special Secretary to               .....                   Opposite parties
Government & Others                                 Mr. A.K. Mishra, AGA


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

03.08.2023

I.A. No.11609 of 2023

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

06.

2. This application has been filed by the Petitioner for modification of the order dated 27.07.2023.

3. Heard learned counsel for the parties.

4. Considering the grounds stated in the petition, the order dated 27.07.2023 is hereby recalled and fresh order is passed.

........................... (DR. B.R. SARANGI) JUDGE

..................................... (M.S. RAMAN) JUDGE

W.P.(C) No. 13175 of 2016 Order No.

07. This matter is taken up through hybrid mode.

2. In view of the judgment of this Court in the case of Narottam Rath v. State of Odisha, 2023 SCC OnLine Ori. 153, the impugned orders are 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 his 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.

3. 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.

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

........................... (DR. B.R. SARANGI) JUDGE

..................................... Signature Not Verified (M.S. RAMAN) Digitally Signed Signed by: LAXMIKANT MOHAPATRA JUDGE Laxmikant Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Aug-2023 15:18:58