Citation : 2025 Latest Caselaw 6549 Ori
Judgement Date : 2 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.5062 of 2024
Anasuya Pradhan ..... Petitioner
Represented By Adv. -
Mr. Lalit Narayan
Pattnaik
-versus-
1) Commnr. Consolidation And ..... Opposite Parties
Settlement, Odisha, Bbsr
2) Tahasildar, Khurda Represented By Adv. -
3) Sradha Parida Mr. S. Nayak, ASC
4) Krushna Chandra Parida
5) Bijaya Kumar Parida
6) Akhaya Kumar Parida
7) Ashok Kumar Parida
CORAM:
THE HON'BLE MR. JUSTICE ANANDA CHANDRA
BEHERA
ORDER
02.04.2025 Order No.
03. 1. This matter is taken up through hybrid mode.
2. Heard from the learned counsel for the petitioner and learned Additional Standing Counsel for the State.
3. Upon hearing from the learned counsels of both the sides, it is felt proper to dispose of this writ petition finally at this stage after setting aside the final order dated 08.08.2022 passed in R.P. Case No.152 of 2021 by the Commissioner, Consolidation and Settlement, Odisha, Bhubaneswar (Opposite Party No.1) and remitted back the matter vide R.P. Case No.152 of 2021 to decide the same afresh by the Commissioner, Consolidation and Settlement, Odisha, Bhubaneswar (Opposite Party No.1) taking into account to the
judgments and decrees passed in the Civil Suit No.78 of 2010 by the learned Civil Judge Junior Division, Khurda and in RFA No.21 of 2020 passed by the learned Additional District Judge, Khurda after giving opportunity of being heard to the parties, as in the impugned order vide Annexure-4, the Commissioner, Consolidation and Settlement, Odisha, Bhubaneswar (Opposite Party No.1) has not taken into account to the judgements and decrees passed in the civil suit No.78 of 2010 as well civil appeal vide RFA No.21 of 2020.
4. The Commissioner, Consolidation and Settlement, Odisha, Bhubaneswar (Opposite Party No.1) is directed to decide the said R.P. Case No.152 of 2021 afresh as per law within a period of three months from the date of communication of this order to the Opposite Party No.1.
5. Registry is directed to communicate this order to the Commissioner, Consolidation and Settlement, Odisha, Bhubaneswar (Opposite Party No.1) immediately.
6. Urgent certified copy of this order be granted to the parties on proper application.
7. Accordingly, the writ petition is disposed of finally.
(ANANDA CHANDRA BEHERA)
Judge
Sipra
Signed by: SIPRA MUDULI Page 2 of 2.
Location: High Court of Orissa,
Cuttack
Date: 02-Apr-2025 14:47:00
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