Shree Ganesh Laxmi Infrastructure Pvt vs State Of Odisha And Others .... Opposite ...
2024 Latest Caselaw 16721 Ori

Orissa High Court

Shree Ganesh Laxmi Infrastructure Pvt vs State Of Odisha And Others .... Opposite ... on 14 November, 2024

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P. (C) No.20947 of 2014

            Shree Ganesh Laxmi Infrastructure Pvt.   ....              Petitioner
            Ltd.
                                          Mr. Sanjay Ku, Samantaray, Advocate

                                           -Versus-

            State of Odisha and others                 ....         Opposite Parties
                                                               Mr. P.K. Ray, AGA

                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                           ORDER

14.11.2024 Order No.

03. 1. Heard learned counsel for the petitioners and Mr. Ray, learned AGA for the State-opposite parties.

2. Instant writ petition is filed by the petitioner challenging the impugned orders in Rent Objection Case No.4066/1420 of 2012 filed by it besides the order in Appeal bearing Suit No. 542 of 2013 under Annexure-5 with a direction for correction of the final Hal RoR in respect of the case land under Hal Plot Nos .1295 and 1596 under Hal Khata No.1231 corresponding to Sabik Mutated Plot No.259/1310 under Mutated Khata No.424/16 in corresponding to the Converted Plot No.259/2310 under Khata No.424/237 of the concerned mouza in view of the Mutated RoR and intimation Slip in Form-K under Annexures-1 and 4 respectively.

3. In course of hearing, Mr. Samantaray, learned counsel for the petitioner submits that the case of the petitioner is covered by the decision of a Division Bench of this Court in Narottam Rath Vrs. State of Odisha & another and batch of matters dated 2nd January, 2023 followed by an order dated 2nd February, 2024 in W.P.(C)

No.2032 of 2024, hence, therefore, necessary direction may perhaps be issued to opposite party No.5 in that regard.

4. In reply and response to the above, Mr. Ray, learned AGA for the State submits that Hal RoR was published in 2013 and in so far as the order under Annexure-5 is concerned, the same is revisable in nature under the OS&S Act, 1958.

5. Perused the judgment in W.P.(C) No.1608 of 2014 and batch of cases, wherein, this Court issued series of directions while disposing of the matters setting aside the orders of the ASOs declining the request to record the names of the petitioners in the RoRs in respect of lands involved and also the orders in appeal and that, it has been followed by order in W.P.(C) No. 2032 of 2024.

6. Notwithstanding the plea of the State that impugned order under Annexure-5 is revisable in nature as per the provisions of the OS&S Act, in view of the judgment in batch matters (supra) and in W.P.(C) No.2032 of 2024 (Sukant Kumar Biswal Vrs. State of Odisha & others) dated 2nd February, 2024, the Court is inclined to direct opposite party No.5 to comply the directions issued therein, if the case of the petitioner is covered by the same. In other words, the Court is of the view that the petitioner should not be directed to file a revision against Annexure-5 as the same is not necessary in view of the decision in Narottam Rath (supra). Accordingly, it is ordered.

7. In the result, the writ petition stands disposed of with the direction as aforesaid.

8. Urgent certified copy of this order be issued as per rules.

Designation: Junior Stenographer
Reason: Authentication                                                       (R.K. Pattanaik)
Location: OHC, CTC
Date: 19-Nov-2024 18:15:12                                                        Judge
           Rojina