Pravakar Mania (Since Dead) vs State Of Odisha And Others
2023 Latest Caselaw 413 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       W.P.(C) No. 23157 of 2015

             Pravakar Mania (since dead)                    ....         Petitioner
             represented by his Legal heirs
                                                           Mr. B. Sahoo, Advocate
                                            -versus-

             State of Odisha and others                  .... Opposite Parties
                                                      Mr. Debakanta Mohanty
                                              Additional Government Advocate

                         CORAM:
                         THE CHIEF JUSTICE
                         JUSTICE M.S. RAMAN

                                            ORDER

11.01.2023 Order No. I.A. No.483 of 2023

07. 1. For the reasons stated therein, the application for substitution vice deceased Petitioner is allowed.

2. The LRs are permitted to be substituted in his place as indicated in the schedule to the application.

W.P.(C) No.23157 of 2015

3. 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 name of the Petitioner concerning the land in question in

his name 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 Petitioner.

4. 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.

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

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge S. Behera