Bahadur Singh vs State Of Orissa And Ors
2023 Latest Caselaw 43 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.20088 OF 2010


            Bahadur Singh                         ....           Petitioner(s)
                                                       Mr.S.P.Misra,Sr.Adv.
                                       -versus-

            State of Orissa and ors.              ....     Opposite Party(s)
                                                        Mr.S.P.Panda,AGA

                      CORAM:
                      JUSTICE BISWANATH RATH
                                      ORDER

Order No.                            02.01.2023
   08.       1.     Heard the submission of Mr.S.P.Misra, learned Sr. Counsel and
             Mr. S.P. Panda, learned AGA.

2. This Writ Petition involves re-opening of a permission already granted in exercise of power under Regulation II of 1956 dependant on a Gazette Notification bringing further restriction and providing opportunity of re-opening of the transfer case already taking place.

3. Law has been fairly well settled through the Judgment of this Court and again taking support of a judgment in Division Bench, holding there is no retrospective application of amended provision, involving grant of permission dtd. 09.05.2001. This Writ Petition involved impugned order at Annexure-3 thereby declining the registration of instrument as an outcome of the permission vide Annexure-1. For the settled position of law, there cannot be retrospective application of the notification dtd. 4th September, 2002 published in the Odisha Gazette on 04.09.2002, this Court finds,

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rejection of the registration of instrument apply such notification becomes bad.

4. In the process, this Court allowing the Writ Petition, directs the Registering Authority to register the instrument involved, if it is extended, within three weeks hence.

(Biswanath Rath) Judge

utkalika