Orissa High Court
Dhirendra Malik & Ors vs State Of Odisha & Ors on 17 May, 2023
THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.16336 OF 2023
Dhirendra Malik & Ors. .... Petitioner(s)
Mr.S.Mishra-1,Adv.
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr.Sonak Mishra,
ASC.
CORAM:
JUSTICE BISWANATH RATH
ORDER
Order 17.05.2023
No.1
1. Heard learned counsel appearing for the parties.
2. This matter has a stress to the previous order of this Court in the
disposal of W.P.(C).No.30807 of 2022 vide its order dated 21.11.2022.
Taking this court to the order impugned here dated 28.04.2023 appearing at
page 23 of the brief, Mr.Mishra, learned counsel for the petitioner alleges that
even this Court has already given a direction to take into account the objection
of the distribution of chaka ahead to decision of the objection of the
petitioners, the authority is avoiding to consider the objection of the
petitioners.
3. Mr.Sonak Mishra, learned Additional Standing Counsel however in his
objection to the claim of the petitioners submits that as there is direction of
this Court through paragraph-6 in the disposed of writ petition, there is no
scope for going away from such direction and there is probably
misunderstanding by the petitioners in the direction dated 28.04.2023.
Mr.Mishra, learned Additional Standing Counsel also submits that the order
dated 28.04.2023 may not be construed to be.
4. Considering the rival contentions of the parties, this Court finds
through paragraph-6 in W.P.(C).No.30807 of 2022, the following direction:
<In earlier occasions, this Court while directing the
Tahasildar to work out and also given direction to the
Tahasildar to take into account the contention raised in such
Writ Petitions, there also involves a show cause notice for
objection. In disposal of the second Writ Petition, this Court
permitted the parties to agitate their issue while directing the
// 2 //
Tahasildar to complete the proceeding. In the third Writ
Petition, this Court finds, there has already allotment in
favour of the beneficiaries. Previously there was allotment of
eighty numbers of Chakas to eighty numbers of rayats. This
Court observes, provided the distribution of Chaka is still
pending, nothing prevents the petitioners to raise their
objections for consideration of the Tahasildar before the final
distribution of the Chaka involved, the Tahasildar shall do
well before distribution of Chaka and/or balance Chaka to
take into account the development through Annexures-3 &
4.=
5. This Court records the order dated 28.04.2023 passed by the
Tahasildar, Salipur in Rev. Misc,. Case No.01 of 2023 as follows:
<The C/R is put up today. Perused the case record
and the judgment of Hon'ble High Court of Orissa in
W.P.(C).No.30807 of 2022. As per the judgment due process
is hereby initiated for fresh distribution of Chaka and
grievance of any aggrieved person (the list of persons
mentioned in Anx.3 and 4 of the said judgment) will be
addressed during the process of distribution and filed
verification. A team has been formed to execute the
aforementioned activity from 1st May 2023.=
6. In the disposal of writ petition this Court hopes and trusts before
distribution of Chaka taking place, there shall be following of the direction at
paragraph-6 taken note hereinabove.
7. With this observation, the writ petition stands disposed of.
8. A free copy of this order be handed over to Mr.Sonak Mishra, learned
Additional Government Advocate.
(Biswanath Rath)
Judge
sks
SUSIL KUMAR Digitally signed by SUSIL
KUMAR SWAIN
SWAIN Date: 2023.05.18 15:53:55
+05'30'
