Remanded
Digambar Sahoo v. State of Odisha
Orissa HCWP(C)/5362/2016
Case brief
from the order text
What is this about?
No.5362 of 2 016 5. 01.12.2016 Heard learned…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
016
5. 01.12.2016 Heard learned counsel for the parties.
Considering the rival contentions of learned counsel appearing for the parties
and the admission made therein that the R.P.Case No.14 of 2009 has been decided involving a de
ad person, as opposite party, the order remains unsustainable.
Interfering in the impugned order under Annexure-1, the same is set aside but ho
wever under the circumstances, the matter is remitted back to the Commissioner of Consolidati
on & Settlement for rehearing of the R.P. Case No. 14 of 2009 after getting into substitution
of the opposite party therein and giving opportunity of hearing to the respective parties. The
proceeding be concluded within a period of six months from the date of communication of this
order.
Since the impugned order under Annexure-1 is set aside, all consequential applicati
ons as well as the orders also stand set aside.
Issue urgent certified copy of this order on proper appli
cation.
.
BISWANATH RATH,J.
sks
-2-
BISWANATH RATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court