Orissa High Court
Prasan Kumar Mohanty vs State Of Odisha & Ors on 16 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14044 of 2023
Prasan Kumar Mohanty .... Petitioner(s)
Mr. R.N. Behera, Adv.
-versus-
State of Odisha & Ors. .... Opposite Party(s)
Mr. S.P. Panda, AGA
CORAM:
JUSTICE BISWANATH RATH
ORDER
16.05.2023
Order No.
04. 1. This Writ Petition involves the following prayer:-
<Under the facts and circumstances as narrated
above, this Hon'ble Court may graciously be pleased to
admit this writ petition, notice be issued to the Opp.parties,
call for the LCR and after hearing the parties, be pleased to
quash the impugned order dated 26.8.2022 passed by the
Opp.party No.4 in Misc. Case No.2/2022 arising out of
W.P.(C) No.4646/2022 confirming the order dt.30.11.2021
passed by O.P.No.6 in Misc. C. No.5/21 under Annexure-10
and further be pleased to direct the Opp.party No.6 to
record the suit land in favour of the petitioner and further be
pleased to pass any other order/ orders as may be deemed fit
and proper;=
2. It appears, considering the similar situation there has already
been disposal of number of writ petitions holding, there is no scope at
all in reversion of Jawan lease land to the State and thereby also
holding the decision of the competent authority in reversion of the land
becomes bad. In the process this Court finds, this case is squarely
covered by the judgment of this Court in the case of Smt. Purnima
Mohanty Vrs. State of Odisha & Ors. in W.P.(C) No.22872 of 2022
decided on 20.04.2023.
// 2 //
3. In the circumstance, this Court finds, the impugned order
herein at Annexure-10 remains unsustainable in the eye of law. As a
consequence the order vide Annexure-12 also remains unsustainable.
In the process this Court while setting aside the orders vide Annexures-
10 & 12, directs the Asst. Settlement Officer, Bhubaneswar-O.P.6 to
bring necessary corrections in the record of rights in respect of the
Petitioner and also involving the land involved in the sale deed
involved herein.
4. The entire exercise in bring in a new record of rights in favour
of the Petitioner be brought within a period of one month from the date
of communication of a copy of this order by the Petitioner and also in
the involvement of the Tahasildar, Jatni.
5. Petitioner is directed to serve a copy of the judgment of this
Court in W.P(C) No.22872 of 2022 along with a copy of present order
on the Assistant Settlement Officer, Bhubaneswar for his involving the
concerned Tahasildar and working out the direction herein.
6. The Writ Petition stands disposed of with the above order.
(Biswanath Rath)
Judge
Ayaskanta Jena
Signature Not Verified
Digitally Signed
Signed by: AYASKANTA JENA
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 17-May-2023 13:30:09
