Baikuntha Nath Pandab vs ) State Of Odisha ..... Opposite Parties
2025 Latest Caselaw 8024 Ori

Orissa High Court

Baikuntha Nath Pandab vs ) State Of Odisha ..... Opposite Parties on 9 September, 2025

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                  WP(C) No.24251 of 2025
Baikuntha Nath Pandab           .....    Petitioner
                                                        Represented By Adv. -
                                                        Bibhuti Keshari Biswal

                                     -versus-
1) State Of Odisha                              .....       Opposite Parties
2) Settlement Officer, Major                            Represented By Adv. -
Settlement Office, Jobra, Cuttack
3) Asst. Settlement Officer, Bbsr                       Mr. T. Kumar, ASC
Settlement Camp, Bbsr
4) Tahasildar, Bbsr

                          CORAM:
            MR. JUSTICE ANANDA CHANDRA BEHERA

                                     ORDER

09.09.2025 Order No.

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

2. Heard from the learned counsel for the petitioner and

the learned ASC for the State.

3. Upon hearing from the learned counsels of both the

sides, it is felt proper to dispose of the writ petition finally giving

liberty to the petitioner to approach the appellate authority under

Section 22 of the OSS Act, 1958 challenging the impugned order

dated 17.03.2025 passed by the ASO, Rental Colony, Office at

Cuttack in Misc. Case No.404 of 2023 and in case of filing of an

appeal under Section 22 of the OSS Act, 1958 before the Settlement

Officer, Cuttack, the appellate authority shall entertain that appeal

without questioning about the delay by invoking the provisions

under Section 14 of the Indian Limitation Act, 1963, because, the

petitioner had bonafidely approached the wrong forum i.e. the writ

Court and the appellate authority shall dispose of that appeal within

a period of 2 months from the date of initiation of registration of the

appeal and the appellate authority shall decide the case taking into

account the Judgment of this Court in WP(C) No.19478 of 2023 in

respect of the case land after giving opportunity of being heard to the

petitioner and others, if any, in full compliance of the principles of

natural justice.

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

5. Urgent certified copy of this Order be granted to the

petitioner on proper application.

( ANANDA CHANDRA BEHERA) Judge

Rati Ranjan

Location: High Court of Orissa, Cuttack, India.