Snigdha Mohanty And Others vs State Of Odisha And Others
2023 Latest Caselaw 1932 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.4481 OF 2023


            Snigdha Mohanty and Others                ....            Petitioner(s)
                                                             Mr.B.R.Behera,Adv.
                                          -versus-

            State of Odisha and Others                ....       Opposite Party(s)
                                                              Mr.S.Ghose,AGA


                      CORAM:
                      JUSTICE BISWANATH RATH
                                        ORDER

Order No.                             03.03.2023
   01.       1.     This Writ Petition involves the following prayer:-

"It is, therefore, prayed that in the facts and circumstances stated above and in the interest of justice, this Hon'ble Court may graciously pleased to pass appropriate writ(s)/direction(s);

(i) Setting aside the order dated 08.07.2013 passed by Opp. Party No. 3 in Rent Case No. 6002/5231 of 2013 in Annexure-5 as well as the order dated 30.06.2022 passed by the Opp. Party No. 2 in Appeal Case No. 116/2019 in Annexure-6;

(ii) Directing the Opp. Party No. 3 to record the case land in the name of the Petitioners in the ROR within a stipulated time as may be directed by this Hon'ble Court; And for this act of kindness, the Petitioners shall as in duty bound ever pray."

2. In the course of argument involving the impugned order at Annexure-5 it has been made clear that not only the objection case determines involving a dead person but there has been also no involvement of the subsequent purchaser from the date of objection therein and/or party interested in such property.

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3. Keeping this in view, this Court finds, the order at Annexure-5 becomes bad. Be that as it may, since there is requirement of determination of the proceeding in Objection Case No. 6002/5231 of 2013 in accordance with law, this Court in setting aside the impugned order finds, it is appropriate to remit the matter back to the Asst. Settlement Officer, Rental Colony, Bhubaneswar for re-adjudication of the proceeding in the involvement of the Petitioner.

4. This Court accordingly directs the Petitioner to appear before the Asst. Settlement Officer, Rental Colony, Bhubaneswar on 28th March, 2023 with pleadings if any and judgment in her support on the date of appearance itself and the proceeding is directed to be re- adjudicated by completing the required exercise also providing opportunity of hearing to the Petitioner and any parties likely to be affected at least within a period of three months from the date of appearance.

5. With this observation, this Writ Petition stands disposed of.

(Biswanath Rath) Judge U.Nayak