Ranjit Kumar Mohanty vs State Of Odisha & Another ..... Opp. ...
2025 Latest Caselaw 4842 Ori

Orissa High Court

Ranjit Kumar Mohanty vs State Of Odisha & Another ..... Opp. ... on 10 March, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No. 5876 of 2014
Ranjit Kumar Mohanty                   .....                            Petitioner
                                               Mr. Gautam Misra, Senior Advocate
                                    -versus-
State of Odisha & Another               .....                          Opp. Parties
                                                       Mr. Jateswar Nayak, A.G.A.

              CORAM:
                    THE HON'BLE MR. JUSTICE S.K. SAHOO
                    THE HON'BLE MISS JUSTICE SAVITRI RATHO

                                           ORDER

10.03.2025 Order No. This matter is taken up through Hybrid arrangement (video

05. conferencing/physical mode).

An additional affidavit has been filed by the petitioner in Court today which indicates that against the order dated 31.05.2013 passed by the Assistant Settlement Officer, Rental Colony, Bhubaneswar and the appeal was preferred under Section 22 (2) (b) of the Odisha Survey and Settlement Act before the Additional Sub- Collector, Bhubaneswar on 31.07.2013. It was taken up on the same date on the ground of limitation and was dismissed on the same day.

Learned counsel has annexed the appeal memo as Annnexure- 6 and also the order passed in the Appeal Case No. 980 of 2013 as Annexure-7. The additional affidavit is taken on record.

Mr. Misra, learned Senior Advocate has also placed before us an order dated 24.02.2025 passed by the co-ordinate Bench in W.A. No. 139 of 2023 wherein in paragraphs 5 and 6, it has been observed as follows:

"5. Coordinate Bench had relied upon judgment dated 2nd January, 2023 of a Division Bench, in which same learned Chief Justice was party being W.P.(C)

no.1608 of 2014 (Narottam Rath v. State of Odisha) available at 2023 SCC OnLine Ori 153 to reiterate, the ASO did not have jurisdiction to overturn order made earlier by the ADM.

6. State has peremptory adjournment to demonstrate, the ASO has such power as can be exercised on any application whatsoever, thereby giving a whole new meaning to suo motu exercise of power."

Copy of the additional affidavit has been served on the learned counsel for the State in Court today.

During course of argument, Mr. Gautam Misra, learned Senior Advocate appearing on behalf of the petitioner submits that it is necessary to amend the writ petition, for which some time may be granted to file an interlocutory application for amendment.

Mr. Misra, learned Senior Advocate submits that the petitioner after disposal of the appeal, has not taken recourse of the revisional power which is available under Section 25 of the Odisha Survey and Settlement Act, 1958 before the Board of Revenue.

Put up this matter in the week commencing 07.04.2025. Interlocutory application, if any be filed in the meantime. Copy of this order be handed over to the learned counsel for the State.

Digitally Signed Judge Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 11-Mar-2025 16:02:48 (Savitri Ratho) Judge Sukanta/puspa