Harish Chandra Bhuyan vs State Of Odisha And Others
2023 Latest Caselaw 1462 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No.23872 of 2014

            Harish Chandra Bhuyan                      ....            Petitioner
                                    Mr. K. Mohanty, Advocate and associates
                                        -versus-
            State of Odisha and others                 ....    Opposite Parties
                                                   Mr. Ishwar Mohanty, A.S.C

             CORAM:
             THE CHIEF JUSTICE
             JUSTICE M.S. RAMAN

                                          ORDER

Order No. 13.02.2023

05. 1. This writ petition is restored by an order passed today in CMAPL No.52 of 2023.

2. In view of the judgment of this Court dated 2nd January, 2023 in W.P.(C) No.1608 of 2014 and batch (Narottam Rath v. State of Odisha), the following directions are issued in the present writ petition:

(i) The impugned order of the Assistant Settlement Officer (ASO) declining to accept the request of the Petitioner for recording of his name in the ROR in respect of the land in question on the ground that the land belongs to the Government, is hereby set aside;

(ii) The corresponding order by the Appellate Authority affirming such order of the ASO is also hereby set aside;

(iii) 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.

(iv) 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. Issue urgent certified copy of this order as per rules.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge S.K. Guin