Bhagaban Patta (Since Dead) vs State Of Odisha And Others
2023 Latest Caselaw 309 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                        W.P.(C) No.7316 of 2014

            Bhagaban Patta (since dead)             ....        Petitioners
            represented by his Legal Heirs
                                       Mr. Pabitra Kumar Nayak, Advocate
                                       -versus-
            State of Odisha and others              .... Opposite Parties
                                            Mr. Debakanta Mohanty, AGA

                         CORAM:
                         THE CHIEF JUSTICE
                         JUSTICE M.S. RAMAN

                                            ORDER

09.01.2023 Order No. I. A. No.18730 of 2021

05. 1. This is an application for condonation of delay in filing the application for substitution vice deceased sole Petitioner.

2. Considering the submissions made and for the reasons stated therein, the delay of 6 years is condoned. The application is allowed.

I. A. No.18729 of 2021

3. This is an application for setting aside abatement as against deceased sole Petitioner.

4. For the reasons stated therein, the application is allowed and the abatement, if any, against deceased sole Petitioner is set aside.

I. A. No.18731 of 2021

5. This application has been filed for substitution of deceased-sole Petitioner, namely Bhagaban Patta by his legal heirs, as per the schedule to the application.

6. For the reasons stated therein, the application for substitution is allowed.

7. The legal heirs of deceased-sole Petitioner, as per the schedule to the application be substituted as Petitioner Nos.1(a), 1(b), 1(c) and 1(d).

8. The consolidated cause title incorporating the names of the newly substituted Petitioner Nos.1(a), 1(b), 1(c) and 1(d), which is filed in Court today, is taken on record.

W.P.(C) No.7316 of 2014

9. 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 impugned order of the Assistant Settlement Officer (ASO) is hereby set aside and the following directions are issued in this writ petition:

(i) A direction is issued to the ASO to now proceed to record the names of the Petitioners (LRs of sole Petitioner) concerning the land in question in their names in the ROR, in accordance with law within a period of eight weeks;

(ii) 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 Petitioners.

10. 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.

11. The writ petition is disposed of in the above terms.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge M. Panda