Bhagirathi Sahu And Another vs State Of Odisha And Others
2023 Latest Caselaw 226 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     W.P.(C) No.271 of 2015
                                              and
                                W.P.(C) Nos.16163 & 16164 of 2014

             Laxmipriya Sahu and another
             (In W.P.(C) No.271 of 2015 )

             Bhagirathi Sahu and another
                                                        ....          Petitioners
             (In W.P.(C) No.16163 of 2014 )

             Kailash Chandra Sarangi
             (In W.P.(C) No.16164 of 2014)
                                            Mr. Rudra Prasad Kar, Advocate
                                        -versus-
             State of Odisha and others              .... Opposite Parties
                                             Mr. Debakanta Mohanty, AGA

                         CORAM:
                         THE CHIEF JUSTICE
                         JUSTICE M.S. RAMAN

                                          ORDER

05.01.2023 Order No.

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

(i) The impugned orders of the ASOs declining to accept the request of the Petitioners for recording of their names in the ROR in respect of the lands in question on the ground that the land belongs to the Government, are hereby set aside;

(ii) 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;

(iii) 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 Petitioners.

2. Consequently, the land shall stand restored to the respective Petitioners.

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 petitions are disposed of in the above terms.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge M. Panda