Parul Bhattacharya And Others vs State Of Odisha And Others
2023 Latest Caselaw 111 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No. 24053 of 2022
                                (Through hybrid mode)

            Parul Bhattacharya and others           ....           Petitioners
                                                    Mr. Avijit Pal, Advocate

                                         -versus-

            State of Odisha and others              ....     Opposite Parties

                                                     Mr. Y.S.P. Babu, AGA

                      CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SANJAY KUMAR MISHRA
                                       ORDER

03.01.2023 Order No.

1. 1. Mr. Pal, learned advocate appears on behalf of petitioners. He

submits, impugned is decision dated 3rd June, 2022 in OEA Revision

Case no.2 of 2019. His clients' contention in revision was rejected on

finding that order of this Court had reached finality and no further

challenge was made thereto.

2. A learned Single Judge of this Court had pass judgment dated

3rd January, 2017. In paragraph-7 it was said, inter alia, there was

Lease Case no.503 of 1976 and 505 of 1976. Orders had been made

therein. In the circumstances, there was no illegality in impugned

order rejecting the petition under section 15(b) of Odisha Survey and

// 2 //

Settlement Act, 1958. In the circumstances, his client moved the

authority under Odisha Estates Abolition Act, 1951 for revision in

terms of provision in section 38-B. He submits further, the revision

case stood rejected by impugned decision without application of mind

as the section 15-B proceeding under the Odisha Survey and

Settlement Act, 1958 was misconceived.

3. Mr. Babu, learned advocate, Additional Government Advocate

appears on behalf of State.

4. Issue notice along with this order on opposite party nos. 4 to 8

by registered/speed post with AD. Petitioners will put in requisites.

5. Parties must come ready for hearing and adjudication of the

writ petition involving questions of law, on adjourned date or

thereafter. Prayer for adjournment, if made, is not likely to be granted.

6. List on 30th January, 2023.

(Arindam Sinha) Judge

(S.K. Mishra) Judge Sks