Orissa High Court
Rekha Bhoi & Ors vs Patrari Rout & Ors on 8 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21933 of 2017
Rekha Bhoi & Ors. .... Petitioner(s)
Mr. A.Pr. Bose, Adv.
-versus-
Patrari Rout & Ors. .... Opposite Party(s)
Mr. S. Nayak, Adv.
Mr. S. Mishra, ASC
CORAM:
JUSTICE BISWANATH RATH
ORDER
08.05.2023
Order No.
04. 1. Heard the submission of learned counsel for respective parties.
2. Impugned order at Annexure-1 has been challenged on the
premises of no notice to the legal heirs of deceased Opposite Party in
Con. Rev. No.1547 of 2015.
3. This Court considers the submission of respective counsels.
When one party claims, there is no service of notice on the legal heirs
of the deceased Opposite Party, the other side taking this Court to the
observation in the impugned order submits that there has been service
of notice. This Court reading the order sheet filed herein commencing
page 7 of the brief finds, the order dated 25.06.2015, 20.07.2015,
21.08.2015, 16.10.2015, 18.12.2015, 22.01.2016 & 15.02.2016 finds as
follows:-
<25.6.15 This revision is filed under Section
37(1) of O.C.H. & P.F.L. Ac. 1972.
Head the Learned Counsel for the
petitioner. Perused the stay petition.
// 2 //
Stay on operation of final
Consolidation R.O.R. bearing chaka Khata
No.98 of village Sujia P.S./Tah. Barpali Dist.
Bargarh is granted till next date.
Issue notice to OP.
Put up on 20.7.15
Dictated
Sd/
Addl. Commissioner. Addl. Commissioner
20.7.15 Case is taken up.
Adv. for Petitioner is present. Heard him. He
has argued to submit law point regarding such
purpose.
Adv. for OP is absent.
Case to 21.08.15. Stay extended till next date.
21.8.15 Advocate for the Petitioner present.
Put up on 16.X.15.
16.X Case is taken up.
Adv. for Petitioner is absent. O.P. is dead.
Substitution is filed. Issue notice to all legal
heirs of deceased O.P.
Case to 18.12.15.
18.12.15 Advocate for the Petitioner present. Issue fresh
notice to O.P.
Case to 22.1.16 for hearing.
22.1.16 Advocate for the Petitioner present.
Heard.
Case to 15.2.16 for order.
15.2.16 Order not ready.
Case to 4.3.16 for orders.=
4. The impugned judgment appears to have been passed following
the observation dated 15.02.2016. On entire reading of the aforesaid
order sheet this Court nowhere finds, there is any observation on the
service of notice on the legal heirs of the deceased Opposite Party
therein.
5. In the circumstance and being satisfied with the allegation that
the impugned order is passed behind back of the legal heirs of the
deceased Opposite Party therein i.e. the present Petitioners herein, this
// 3 //
Court sets aside the impugned order dated 4.03.2016 passed in Con.
Rev. No.1547 of 2015. However, for there is requirement of fresh
adjudication of the proceeding U/s.37(1) of the O.C.H. & P.F.L. Act,
this Court directs both the parties to appear before the Additional
Commissioner of Consolidation & Settlement, Sambalpur or the
competent authority presently on 19.05.2023 and take the date of
hearing of the matter. It is further directed that basing on proper advice
the Petitioners herein shall also file their objection on the date of
appearance itself.
6. Writ Petition stands disposed of with the above order.
(Biswanath Rath)
Judge
Ayaskanta Jena
AYASKANTA Digitally signed by
AYASKANTA JENA
JENA Date: 2023.05.10
11:15:10 +05'30'
