Maa Uttarayani Roller Flour Mills (P) vs State Of Odisha And Others .... Opposite ...
2024 Latest Caselaw 16725 Ori

Orissa High Court

Maa Uttarayani Roller Flour Mills (P) 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.25759 of 2014

            Maa Uttarayani Roller Flour Mills (P)   ....              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.

04. 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.3920/1358 of 2012 filed by it besides the order under Annexure-6 in Appeal Case No. 540 of 2013 under Annexure-5 with a direction for correction of the final Hal RoR in respect of the case land under Hal Khata No.1619 corresponding to Sabik Mutated Plot No. 259/1323/1548, Sabik Mutated Khata No.424/151 of the concerned mouza in view of the registered sale deed under Annexure-3.

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-6 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-6 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-6 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.

Digitally Signed                                                             (R.K. Pattanaik)

Designation: Junior Stenographer                                                  Judge
Reason: Authentication
                 Rojina
Location: OHC, CTC
Date: 19-Nov-2024 18:15:12