Rama Sankar Patnaik vs State Of Odisha And Others
2023 Latest Caselaw 2001 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) No.5292 of 2023
                                 (Through Hybrid mode)

            Rama Sankar Patnaik                      ....                Petitioner

                                                      Mr. G. Mishra, Sr. Advocate
                                          -versus-
            State of Odisha and others               ....          Opposite Parties

                                                          Mr. A. K. Sharma, AGA

            CORAM:
            JUSTICE ARINDAM SINHA
            JUSTICE SANJAY KUMAR MISHRA
                                      ORDER

Order No.                            09.03.2023

   01.      1.      Mr. Mishra, learned senior advocate appears on behalf of

petitioner and submits, impugned is order dated 20th February, 2019

made by the Settlement Officer. He submits, it was made on appeal.

Original order is dated 28th January, 2016, whereby the Assistant

Settlement Officer (ASO) refused to act on absence of sketch map.

By impugned order another purported reason, of being functus

officio was given.

2. He submits, neither of the reasons hold good because

superior authority being the Additional District Magistrate had by

order dated 31st March, 1997, approved the lease of his client's

vendor. He prays for adjournment to produce the order.

// 2 //

3. Mr. Sharma, learned advocate, Additional Government

Advocate appears on behalf of State and points out the writ petition

stands covered by entry no.9 in assignment list of the Hon'ble Mr.

Justice, Biswanath Rath. Impugned order, on the face of it, reveals it

was made by the Settlement Officer(SO). He submits further, in any

event petitioner has alternative statutory remedy.

4. Mr. Mishra in reply relies on judgment dated 2nd January,

2023, in inter alia, WP(C) no.1608 of 2014 (Narottam Rath vs.

State of Odisha and another) to submit, lands were settled under

Odisha Government Land Settlement Act, 1962. View taken was

clear that the ASO/SO had no authority to enter into the correctness

or legality of the settlements.

5. Adjournment is granted.

6. List on 23rd March, 2023. Status-quo be maintained till next

date of listing.

( Arindam Sinha ) Judge

( S. K. Mishra ) Judge Prasant