Kanhu @ Kanhu Charan Prusty (Since vs State Of Odisha & Others
2023 Latest Caselaw 1342 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C) No.1507 of 2015
            Kanhu @ Kanhu Charan Prusty (since ....            Petitioner
            dead), through L.Rs.
                                               Mr. A. Dash, Advocate


                                            -versus-

            State of Odisha & Others                   ....     Opposite Parties
                                                  Mr. Debakanta Mohanty, AGA


                          CORAM:
                          THE CHIEF JUSTICE
                          JUSTICE M. S. RAMAN

                                          ORDER

Order No. 08.02.2023

05. I.A. No. 1542 of 2023

1. This application has been filed for substitution of the legal heirs of Petitioner.

2. For the reasons stated therein, the application is allowed and the legal heirs as per the schedule to the application is permitted to be carried out.

3. The I.A. is disposed of.

W.P.(C) No.1507 of 2015

4. In view of the judgment passed by this Court in W.P.(C) No.1608 of 2014 and batch (Narottam Rath v. State of Odisha & Another), 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 ASOs to now proceed to record the names of the respective Petitioners concerning the land in question in their names 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 respective Petitioner.

5. 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.

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

(Dr. S. Muralidhar) Chief Justice

(M. S. Raman) Judge MRS/Laxmikant