Madhulata Dash vs ) State Of Odisha ..... Opposite Parties
2025 Latest Caselaw 6967 Ori

Orissa High Court

Madhulata Dash vs ) State Of Odisha ..... Opposite Parties on 10 April, 2025

    IN THE HIGH COURT OF ORISSA AT CUTTACK
               WP(C) No.19708 of 2023
Madhulata Dash               .....      Petitioner
                                                        Represented By Adv. -
                                                        Supratik Acharya

                                     -versus-
1) State Of Odisha                              .....       Opposite Parties
2) Asst. Settlement Officer, Bbsr                       Represented By Adv. -
3) Settlement Officer, Major                            Mr. G. Mohanty, SC
Settlement Office, Cuttack
4) Tahasildar, Bbsr
5) Addl. Sub Collector, Bbsr

                       CORAM:
      THE HON'BLE MR. JUSTICE ANANDA CHANDRA
                       BEHERA

                                     ORDER

10.04.2025 Order No.

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

2. Heard from the learned counsels of both the sides.

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 Annexure-7, because it appears from Annnexure-7 that, the impugned order was passed by the Additional Sub-Collector, Bhubaneswar, but that order has been dictated and signed by the Assistant Settlement Officer, Rental Colony.

4. So, the impugned order vide Annexure-7 is ambiguous regarding the authority, who has passed the same i.e. whether, the Additional Sub-Collector, Bhubaneswar as Settlement Officer or Assistant Settlement Officer in the capacity of Assistant Settlement Officer, Rental Colony, Bhubaneswar.

5. Such type of ambiguous order cannot be sustainable under law.

6. Hence, the impugned order vide Annexure-7 is quashed and set aside.

7. The matter vide Remand Case No.93 of 2016 is remitted back to the Additional Sub-Collector, Bhubaneswar for deciding the same afresh as per law on the basis of decree passed by the Civil Court starting from the first Court up to the Second Appellate Court i.e. in OS Nos.13 and 14 of 1985, TA Nos.1 of 2018 and 2 of 2019, RS Nos.390 of 2005 and 391 of 2005 respectfully as per rule 34 of the Odisha Survey and Settlement Rule, 1962, because, it is the settled propositions of law as per the ratio of the decisions of the Hon'ble courts in a case between Sanatana Acharya Vs. Tahasildar, Panposh & Others reported in 2016 (II) OLR 290 the settlement authorities are bound to carry out and respect the judgments of the Civil Court for recording of the case land.

8. Registry is directed to communicate this order to the Opposite Party No.3 immediately.

9. Urgent certified copy of this order be granted to the parties on proper application.

10. Accordingly, the writ petition is disposed of finally.

                                                                      (ANANDA CHANDRA BEHERA)


                                                                                 Judge
Signed by: SIPRA MUDULI           Sipra
Reason: Authentication
Location: High Court of Orissa,
Cuttack
Date: 11-Apr-2025 10:36:37                                                                      Page 2 of 2.