Remanded

Sadhabi Samantaray v. State of Odisha

Orissa HC5 May 2020WP(C)/5323/2020

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought to set aside an order directing land recordal in Government Khata. The High Court, noting the unavailability of the final Rent Objection Record publication and lack of prior notice, set aside the impugned order. The matter was remitted to the Assistant Settlement Officer to decide afresh after affording an opportunity of hearing to the parties.

What did the court decide?

The impugned order dated 15.07.2013 is set aside. The matter is remitted back to the Assistant Settlement Officer to decide the matter afresh by giving an opportunity of hearing to the parties concern

Sadhabi Samantaray Vs State of Odisha — Property and Title | Orissa HC (2020)

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( ( W.P.(C). No.5323 of 2020

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2 5.05.2020 Heard learned counsel for the petitioner and learned State Counsel.

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Although this matter is listed for fresh admission, at the request of learned counsel for the parties, the same is taken up for final disposal.

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The petitioner in this writ petition has prayed for setting aside the order dated 15.07.2013 at Annexure-8 passed by the Assistant Settlement Officer, Rental Colony, Bhubaneswar in Rent Objection Case No.7022/6251 of 2013..

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On instruction, learned Additional Government Advocate for the opposite parties 1 to 6 submits that final R.O.R. in respect of Sampur Mouza has not been published. He, however, could not ascertain as to whether the petitioner was not given any opportunity of hearing before the impugned order was passed.

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It is submitted by learned counsel for the petitioner that during consolidation operation, the petitioner had produced all relevant records and documents before the Settlement Authority and accordingly draft R.O.R. was published in her name. However, the impugned order was passed without issuing any notice to the petitioner whereby direction was issued to record the land in Government Khata.

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Taking into consideration the submission made by learned counsel for the parties, this Court is of the considered opinion that the petitioner should be given an opportunity of hearing to put-forth her case before the Assistant Settlement Officer, Rental Colony, Bhubaneswar.

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Taking into the averments made and in view of the fact that final publication in respect of Samapur Mouza has not been published under Section 12- B of the Orissa Survey &

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Settlement Act, 1958, the impugned order dated 15.07.2013 under Annexure-8 is set aside and the matter is remitted back to the Assistant Settlement Officer, Rental Colony, Bhubaneswar to decide the matter afresh in accordance with law by giving opportunity of hearing to the parties concerned. It is the responsibility of the petitioner to serve copy of the writ petition and the copy of this order before the Assistant Settlement Officer, Rental Colony, Bhubaneswar within a period of 10 days, as undertaken.

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�� Biswanath Rath,J.

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sks

Sadhabi Samantaray v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sadhabi Samantaray v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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