Orissa High Court
Kishor Kumar Mohanty vs Settlement Officer Major ..... ... on 5 December, 2023
Bench: B.R. Sarangi, Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.38947 of 2023
Kishor Kumar Mohanty ..... Petitioner
Mr. T. Panigrahi, Advocate
Vs.
Settlement officer Major ..... Opposite Parties
Settlement Jobra, Cuttack &
others
Mr. Debakanta Mohanty, AGA
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
05.12.2023
Order No. This matter is taken up through hybrid mode.
01. 2. Heard Mr. T. Panigrahi, learned counsel appearing for the
Petitioner and Mr. Debakanta Mohanty, learned Additional
Government Advocate appearing for the Opposite Parties.
3. The Petitioner has filed this writ petition seeking to quash the
order dated 29.11.2022 passed by the Additional Sub-Collector,
Bhubaneswar in Suit No.514 of 2022 under Annexure-1 and further
to issue direction to record the suit Hal Plot No.1273 as per the
Yadast Copy and possession of the Petitioner.
4. Mr. T. Panigrahi, learned counsel appearing for the Petitioner
contended that the case of the Petitioner is covered by the judgment
of this Court in Narottam Rath v. State of Odisha & Another (in
W.P.(C) No.1608 of 2014 and batch, disposed of on 02.01.2023).
Therefore, direction may be issued to the authority to consider the
case of the Petitioner in the light of the Narottam Rath(Supra).
5. Mr. Debakanta Mohanty, learned Additional Government
Advocate appearing for the Opposite Parties contended that the ratio
decided in the case of Narottam Rath (supra) is not applicable to the
case of the Petitioner. Rather the impugned order has been passed by
the Additional Sub-Collector, Bhubaneswar on the basis of the
document filed by the Petitioner in appeal case No.514 of 2022,
which has been dropped due to default of the Petitioner. As such, the
Petitioner was absent on the date of hearing. Therefore, the issue
decided in Narottam Rath(Supra) is not applicable to the case of the
petitioner at this stage.
6. Considering the contentions raised by the learned counsel for
the parties and after going through the records, this Court finds that
the Additional Sub-Collector, Bhubaneswar passed the order in
appeal case No.514 of 2022 on 29.11.2022 to the following effect:-
"The appeal case No.514/2022 is posted today.
Perused the case record. The appeal case is
initiated basing on the petition submitted by the
appellant to record the case land in favour of the
appellant. The appellant is absent on the date of
hearing. Hence the appeal case No.514/2022 is
dropped due to default of the appellant......"
7. On perusal of the aforementioned order, it is made clear that
the Petitioner who was the appellant in the said appeal was absent on
the date of hearing. Therefore, the appeal preferred by the appellant
was dropped due to default.
8. In the above view of the matter, the principle decided by this
Court in Narottam Rath(Supra) is not applicable to the case of the
Petitioner at this stage. Accordingly, this Court disposes of this writ
petition permitting the Petitioner to file an application before the
Additional Sub-Collector, Bhubaneswar to recall the order dated
29.11.2022 and to restore the appeal case No.514 of 2022 and
participate in the process of hearing.
(DR. B.R. SARANGI)
ACTING CHIEF JUSTICE
Signed by: LAXMIKANT MOHAPATRA
Designation: SENIOR STENOGRAPHER
Laxmikant
Reason: Authentication (M.S. RAMAN)
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 06-Dec-2023 10:24:57 JUDGE
