Atasi Rout vs Original Certified Copy Of ...
2023 Latest Caselaw 2255 Ori

           IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     W.P.(C). No.6815 of 2023
        Atasi Rout                                          ....                   Petitioner(s)
                                                                            Mr.B.Behera, Adv.


                                                -versus-
        State of Odisha & Ors.                              ....                      Opp.Party(s)
                                                                         Mr.S.P.Panda, AGA


                CORAM:
                     JUSTICE BISWANATH RATH
                                 ORDER

Order                           20.03.2023
No.1

1. Original certified copy of Annexure-4 filed in Court today be kept on record.

2. Heard learned counsel appearing for the petitioner.

3. By providing a copy of the judgment dated 02.01.2023 in W.P.(C).No.1608 of 2014 with batch disposed of by a Division Bench of this Court, learned counsel for the petitioner draws the benefit flow therein to the case at hand.

4. Considering the rival contention of the parties, this Court finds the decision is squarely applicable to the case at hand and petitioner's case therein needs to be re-examined in terms of the direction provided by the Division Bench through paragraph-19 therein. For better appreciation of the competent authority, this Court takes note of the direction in paragraph-19 as follows:

" 19. In that view of the matter, the following directions are issued in all these writ petitions:

(i) The impugned orders of the ASOs declining to accept the request of the Petitioners for recording of their names in the ROR in respect of the lands in question on the ground that the land belongs to the Government, are hereby set aside;

(ii) The corresponding orders by the Appellate Authorities affirming such orders of the ASOs are also hereby set aside;

(iii) A direction is issued to the ASOs to now proceed to record the names of the respective Petitioners concerning the land in question in their names in the ROR, in accordance with law within a period of eight weeks.

(iv) 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 respective Petitioners."

// 2 //

5. In the circumstance, this Court interfering in the order at Annexure-1, sets aside the same and remits the matter back to the ASO-

opposite party no.5 for re-adjudication of the dispute but strictly in terms of the direction of this Court as indicated hereinabove.

6. The writ petition succeeds but to the extent indicated hereinabove.

(Biswanath Rath) Judge

Sks