Binoda Kumar Mishra @ vs State Of Odisha And Others .... Opposite ...
2025 Latest Caselaw 310 Ori

Orissa High Court

Binoda Kumar Mishra @ vs State Of Odisha And Others .... Opposite ... on 7 May, 2025

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.26108 of 2024

                 Binoda Kumar Mishra @      ....         Petitioner
                 Binod Kumar Mishra
                               Mr. Jayanta Kumar Khuntia, Advocate

                                       -versus-

                 State of Odisha and others       .... Opposite Parties

                                            Mr. Manmaya Kumar Dash,
                                           Additional Standing Counsel
                                             Mr. Sanjeeb Udgata, Adv.
                                              (for Opposite Party Nos.6)

                  CORAM: JUSTICE SANJAY KUMAR MISHRA

                                      ORDER

07.05.2025 Order No.

07. This matter is taken up through hybrid mode.

2. As per the office note, undelivered notice returned un-served from the LRs of deceased Opposite party No.7 i.e. 7(a) to 7(c) with report "Always found Door Lock (unclaimed) hence returned to sender".

3. In view of the judgment of the Supreme Court reported in AIR 1989 SC 630 (M/s. Madan & Co. Vs. Wazir Jaivir Chand), notice on the said Respondent Nos.7(a) to 7(c) are held to be sufficient. So far as deceased Opposite Party No.5, a memo has been filed by the Petitioner indicating therein that the LRs of deceased Opposite Party No.5 are already party to the present writ petition as Opposite Party Nos.6 to 8, for which there is no need to file petition to substitute the deceased Opposite Party No.5.

4. Mr. Udgata, learned Counsel for the Opposite Party No.6 submits, the writ petition is not maintainable as the impugned order is revisable under Section 32 of the Orissa Survey and Settlement Act, 1958. He files downloaded website copy of order dated 11.04.2022 passed in W.P.(C) No.8655 of 2022 (Pratap Chandra Jena Vs. State of Odisha and others) so also order dated 08.04.2022 passed in W.P.(C) No.11908 of 2018 (Mamata Rout Vs. Sub-Collector, Dhenkanal and others) to substantiate his submission, after handing over copies of the same to the learned Counsel for the Petitioner.

5. Learned Counsel for the Petitioner prays for a short adjournment to examine the said orders and have his further say in the said regard.

6. The matter be listed next week.

                                                               (S. K. MISHRA)
Kanhu                                                              JUDGE

Location: High Court of Orissa, Cuttack. Date: 08-May-2025 18:27:39