Orissa High Court
Gitanjali Malla @ Parida vs Member Board Of Revenue on 14 May, 2025
ORISSA HIGH COURT: C U T T A C K
W.P.(C) NO.3398 OF 2025
An application under Articles 226 & 227 of
the Constitution of India, 1950.
Gitanjali Malla @ Parida : Petitioner
-Versus-
Member Board of Revenue, Odisha, Cuttack
and others : Opposite Parties
For Petitioner : Mr. D. Mohanty,
Advocate.
For Opposite Parties : Mr. S. Nayak,
Additional Standing Counsel
JUDGMENT
CORAM :
HON'BLE MR. JUSTICE ANANDA CHANDRA
BEHERA
Date of Hearing & Judgment : 14.05.2025
1. This writ petition under Articles 226 & 227 of the
Constitution of India, 1950 has been filed by the Petitioner
praying for quashing the final Order dated 18.10.2024 passed
in OSS Case No.1180 of 2023 by the Additional
Commissioner, Additional Revision Court No.IV, Odisha,
Bhubaneswar under Annexure-9 on the ground that, during the
pendency of the revision before the Additional Commissioner,
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Additional Revision Court No.IV, Odisha, Bhubaneswar a
report was called for from the Forest Department vide Office
Memo No.779 dated 11.06.2024 (Annexure-11) for disposal of
that revision as the report of the Forest department had some
relevancy/bearing/nexus for the disposal of the OSS Case
No.1180 of 2023. But before reaching of the report of Forest
Department by Letter No.473 dated 18.01.2025 (Annexure-
12), that OSS Case No.1180 of 2023 was disposed of by the
Additional Commissioner, Additional Revision Court No.IV,
Odisha, Bhubaneswar dismissing that OSS Case No.1180 of
2023 of the Petitioner.
2. Heard from the learned counsel for the Petitioner and
learned ASC for the State.
3. According to the submission of the learned counsel for
the Petitioner, had the report on dated 18.01.2025 vide
Annnexure-12 been reached before the Additional
Commissioner, Additional Revision Court No.IV, Odisha,
Bhubaneswar prior to the disposal of the OSS Case No.1180 of
2023 and had the said report vide Annexure-12 on dated
18.01.2025 of the Divisional Forest Officer, Chandaka
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Wildlife Division, Bhubaneswar been taken into account that,
the impugned order should not have been passed against the
Petitioner. For which, the learned counsel for the Petitioner
submitted for remitting back the matter vide OSS Case
No.1180 of 2023 after setting aside this final order dated
18.10.2024 for hearing the same afresh after taking into
account the Letter No.473 dated 18.01.2025 vide Annexure-12
issued by the Divisional Forest Officer, Chandaka Wildlife
Division, Bhubaneswar.
4. The learned ASC for the State submitted that, the Letter
No.473 dated 18.01.2025 at Annexure-12 had issued after the
disposal of the OSS Case No.1180 of 2023. For which, by the
time of reaching that Letter No.473 dated 18.01.2025 before
the Additional Commissioner, Additional Revision Court
No.IV, Odisha, Bhubaneswar in reference to OSS Case
No.1180 of 2023, the said OSS Case No.1180 of 2023 was
disposed of.
5. When it is forthcoming from the materials available in
the record that, before the final disposal of OSS Case No.1180
of 2023 by the Additional Commissioner, Additional Revision
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Court No.IV, Odisha, Bhubaneswar, the report from the
Divisional Forest Officer, Chandaka Wildlife Division,
Bhubaneswar was called for in reference to the said case and
when the OSS Case No.1180 of 2023 was disposed of before
receiving the Letter No.473 dated 18.01.2025 vide Annexure-
12 and when it is the submission of the learned counsel for the
Petitioner that, as there was relevancy/nexus of the report of
the Divisional Forest Officer, Chandaka Wildlife Division,
Bhubaneswar in connection with the OSS Case No.1180 of
2023, for which, the Additional Commissioner, Additional
Revision Court No.IV, Odisha, Bhubaneswar should not have
dismissed the OSS Case No.1180 of 2023 of the Petitioner
before reaching of the Letter No.473 dated 18.01.2025 of the
Divisional Forest Officer, Chandaka Wildlife Division,
Bhubaneswar before the Additional Commissioner, Additional
Revision Court No.IV, Odisha, Bhubaneswar, then at this
juncture, the ends of justice shall yet to be served, if the OSS
Case No.1180 of 2023 shall be remitted back to the Additional
Commissioner, Additional Revision Court No.IV, Odisha,
Bhubaneswar for hearing of the same afresh after setting aside
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the impugned order dated 18.10.2024 passed in the said OSS
Case No.1180 of 2023 after taking into account the Letter
No.473 dated 18.01.2025 vide Annexure-12 issued by the
Divisional Forest Officer, Chandaka Wildlife Division,
Bhubaneswar addressing to the Additional Commissioner,
Additional Revision Court No.IV, Odisha, Bhubaneswar.
6. Therefore, there is some merit in the writ petition of the
Petitioner. The same is to be allowed in part.
7. In result the Writ Petition filed by the Petitioner is
allowed in part.
The impugned Order dated 18.10.2024 passed in OSS
Case No.1180 of 2023 by the Additional Commissioner,
Additional Revision Court No.IV, Odisha, Bhubaneswar is set
aside. The matter vide OSS Case No.1180 of 2023 is remitted
back to the Additional Commissioner, Additional Revision
Court No.IV, Odisha, Bhubaneswar for hearing afresh after
giving opportunity of being heard to the parties thereof taking
into account to the Letter No.473 dated 18.01.2025 issued by
the Divisional Forest Officer, Chandaka Wildlife Division,
Bhubaneswar as expeditiously as possible within a period of
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three months from the date of communication of this order to
the Additional Commissioner, Additional Revision Court
No.IV, Odisha, Bhubaneswar.
8. It is made clear here that, no opinion has been expressed
in this judgment regarding the merit of the case and while
disposing of the OSS Case No.1180 of 2023 by the Additional
Commissioner, Additional Revision Court No.IV, Odisha,
Bhubaneswar, he shall not be influenced in any manner by the
order passed as well as without being influenced in any
manner by the previous order, which has been set aside today
through this judgment.
9. Registry is directed to communicate this order to the
Additional Commissioner, Additional Revision Court No.IV,
Odisha, Bhubaneswar immediately.
10. Accordingly, the Writ Petition is disposed of finally.
(ANANDA CHANDRA BEHERA)
Judge
Orissa High Court, Cuttack.
The 14th May, 2025/Sipra Muduli,
Junior Stenographer
Location: High Court of Orissa,
Cuttack
Date: 15-May-2025 17:20:28
