Braja Gopal Mishra vs State Of Odisha & Others
2023 Latest Caselaw 11964 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) No.9210 of 2015
Braja Gopal Mishra                     .....                                  Petitioner
                                                          Mr.Niranjan Lenka, Advocate

                                       Vs.
State of Odisha & Others               .....                            Opposite Parties

                                                          State Counsel

              CORAM:
                  ACTING CHIEF JUSTICE DR. B.R. SARANGI
                  MR. JUSTICE MURAHARI SRI RAMAN

                                              ORDER

04.10.2023 I.A. No.15008 of 2023 Order No. This matter is taken up through hybrid mode.

04.

2. This application has been filed for substitution of deceased Petitioner.

3. Heard.

4. Considering the submission and averments made in this application, the prayer for substitution is allowed. Accordingly, the legal heirs of deceased Petitioner be brought on record.

5. The consolidated cause title is filed in Court, which is taken on record

6. I.A. is disposed of.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE

W.P.(C) No.9210 of 2015 Order No.

05. 1. Heard.

2. In view of the judgment of this Court in the case of Narottam Rath v. State of Odisha; 2023 SCC OnLine Ori 153, the impugned order is hereby set aside and the following directions are issued in this writ petition:

(i) A direction is issued to the ASO to now proceed to record the name of the Petitioner concerning the land in question in her name in the ROR, in accordance with law within a period of eight weeks.

(ii) 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 Petitioner.

3. The above directions will be carried out within a period of four months from today. It is made clear that this order will not prevent the Government from exercising powers under Section 3- B of the OGLS Act, in accordance with law.

4. The writ petition is disposed of in the above terms.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE

Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Aswini Designation: PA(SECRETARY-IN-CHARGE) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 05-Oct-2023 13:44:54