Chasmiara Begum vs State Of Odisha And Others
2023 Latest Caselaw 12879 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    W.A. No.2226 of 2023

            Chasmiara Begum                  ....                    Appellant
                                      Mr. Gautam Mukherji, Senior Advocate
                                       assisted by Mr. A. Kukherji, Advocate
                                        -versus-
            State of Odisha and others       ....                Respondents
                                                     Mr. R. N. Mishra, AGA

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

17.10.2023 Order No. I. A. No.6042 of 2023

01. 1. This matter is taken up through hybrid mode.

2. Mr. Gautam Mukherji, learned Senior Counsel, has produced a copy of the order dated 11.04.2023 passed in W.A. No.131 of 2023 and submits that the present appeal, being similar to the said W.A. No.131 of 2023, a similar order may be passed in the present appeal. The said copy of the order dated 11.04.2023 is taken on record.

3. Mr. R. N. Mishra, learned Additional Government Advocate for the State-Respondents does not object to the same.

4. Considering such submission made and for the reasons stated, the I.A. is allowed. Accordingly, the delay in filing the appeal is condoned.

W.A. No.2226 of 2023

5. The present writ appeal is directed against an order dated 9th January, 2020 passed by the learned Single Judge disposing of the

writ petition as not maintainable on the ground that the Appellant has an alternative remedy of filing a revision under the Odisha Survey and Settlement Act, 1958 (OSS Act).

6. At the time that the impugned order was passed, the judgment of this Court dated 2nd January 2023 in W.P.(C) No.1608 of 2014 (Narottam Rath v. State of Odisha) reported at 2023 SCC OnLine Ori 153 had not been pronounced. That judgment answers the question in favour of the present Appellant viz., that the Assistant Settlement Officer under the OSS Act could not have initiated objection case suo motu at the stage of considering a request for correction of the record of rights and entered the name of the Government. The Court has clarified in the said judgment that the setting aside the order of the ASO would not preclude the Government from proceeding under Section 3B of the OGLS Act.

7. Following the judgment in Narottam Rath (supra), this Court sets aside the impugned order and directs that the Appellant's name be entered in the ROR as prayed for while at the same time reserving the liberty of the Government to proceed in accordance with law under Section 3B of the OGLS Act.

8. The writ appeal is disposed of in the above terms. Issue urgent certified copy of this order as per rules.

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

(M. S. RAMAN) JUDGE M. Panda

Signature Not Verified Digitally Signed

Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Oct-2023 11:30:21