Manjulata Pradhan vs Commissioner
2023 Latest Caselaw 1799 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            WP(C) NO.5550 OF 2012

        Manjulata Pradhan                      ....             Petitioner

                                                    Mr.S.S.Rao, Adv.


                                    -versus-

        Commissioner, Consolidation,           ....      Opposite Parties
        Orissa & ors.
                                                     Mr.S.P.Panda, AGA

                  CORAM:
                  JUSTICE BISWANATH RATH

                                   ORDER

Order                              27.2.2023
No.
  7.    1.      Heard learned counsel for the Parties. The Appearance

Memo filed by Mr.Rao, learned counsel in Court to appear for the

Petitioner be kept on Record.

2. In spite of a set of Counsel appearing for O.Ps.3 to 6, nobody

is attending to the hearing process.

3. Taking this Court to the impugned order at Annexure-3,

more specifically the observation at Pages-25 & 26 of the Brief,

Mr.Rao, learned counsel for the Petitioner contends, the Authority

was compelled to pass order keeping in view pendency of Writ

Appeal No.91 of 2008 arising out of W.P.(C) No.8443/2003.

Bringing to the notice of this Court the development through the

Writ Appeal, Mr.Rao, learned counsel contends, the Writ Appeal has

// 2 //

been dismissed as withdrawn by the Division Bench of this Court by

order dated 24.7.2019.

4. There is no denial to the development through the Writ

Appeal also to the passing of the order at Annexure-3 dependent on

the fact involving pendency of the issue in the Writ Appeal. Keeping

the above in view, this Court observes, once there is dismissal of the

Writ Appeal No.91 of 2008 in confirmation of the order passed in

W.P.(C) No.8443/2003, nothing remains to be adjudicated except on

an application being placed for correction of Record of Rights in

terms of the judgment passed in W.P.(C) No.8443/2003, same has to

be worked out only.

5. For the above observation, the Writ Petition stands disposed

of, as in the meantime, the order at Annexure-3 has already been

abided by the final outcome in W.P.(C) No.8443/2003. Interim order

dated 3.4.2012 passed in Misc. Case No.4795 of 2012 stands

vacated.

(Biswanath Rath) Judge

M.K.Rout