Narayan Sahoo And Another vs Commissioner
2023 Latest Caselaw 1863 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                       W.P.(C) No. 7192 of 2013
            Narayan Sahoo and Another ......                       Petitioners
                                                                        None
                                 -versus-
            Commissioner, Consolidation and
            Settlement of Odisha, Cuttack and
            Others                         ......           Opposite Parties
                                                         Mr. D. Nayak, AGA
                                                        for O.P. Nos.1 and 2.

                           CORAM:
                           JUSTICE S. TALAPATRA
                           JUSTICE SAVITRI RATHO
                                ORDER

28.02.2023 Order No.

10. 1. This matter is taken up through the hybrid mode.

2. A reference was made to the Larger Bench to resolve the conflict between the decisions as rendered in Abhaya Charan Mohanty v. State of Orissa and others: 2003 (Supp.) OLR 882 and Bhagaban Jena and others v. State of Orissa and others: 2007 (1) OLR 598 on the issues as follows:

"(i) Whether the Commissioner/Director, Consolidation can entertain the petition at any point of time, where no period of limitation has been prescribed for invoking jurisdiction of the Commissioner, Consolidation/ Director, Consolidation under Section 37 of the OCH & PFL Act?

(ii) What is the reasonable time in approaching the court, when no period of limitation has been prescribed?

3. By the judgment dated 07.10.2021 delivered in W.P.(C) No.3220 of 2019 titled as Siba Muduli v. Director, Consolidation, Odisha, Cuttack and others, a Division Bench of this Court has answered those questions and as such, the matter should now be decided by the learned Single Judge.

4. In view of the above, let the matter be placed before the appropriate Single Bench for disposal in accordance with law.

5. None appears for the Petitioners, when the matter is taken up.

6. Mr. D. Nayak, learned Additional Government Advocate appears for the Opposite Parties No.1 and 2.

(S. Talapatra) Judge

(Savitri Ratho) Judge Murmu