Disposed

T.Kanakamma Reddy v. State of Odisha

Orissa HC15 Dec 2020WP(C)/7924/2020

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What is this about?

In a writ petition regarding a pending revision under the Orissa Survey & Settlement Act due to an office vacancy, the High Court directed petitioners to apply for transfer of their case to a competent court within two weeks. The Bench directed the Member, Board of Revenue to consider the transfer and finalize it within one month.

What did the court decide?

Direction to petitioners to apply for transfer of S.R.P. No.484 of 2018 within two weeks and the Member, Board of Revenue to transfer the case to a competent court within one month.

T.Kanakamma Reddy Vs State of Odisha — Orissa HC (2020) — LawSathi Research

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W.P.(C) No.7924 of 2020

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15.12.2020

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Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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Heard Mr. N.N. Mahapatra, learned counsel for the petitioners and Mr. A.K.Mishra, learned Additional Government Advocate for the State-opposite parties.

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The grievance of the petitioners in this writ petition is that they have filed S.R.P. No.484 of 2018 under Section 15(b) of the Orissa Survey & Settlement Act, 1958 (for short ‘the Act’), which is at present pending before the Joint Commissioner, Settlement and Consolidation, Berhampur-opposite party no.3. As the said office is lying vacant since long, the revision filed by the petitioners could not be taken up for consideration.

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It is submitted by Mr. Mahapatra, learned counsel for the petitioners that the opposite party no.4Commissioner, Settlement at Bhubaneswar has been conferred with the power to decide the cases under Section 15(b) of the Act. Hence, the matter may be transferred to the court of the Commissioner, Settlement, camp court at Bhubaneswar-opposite party no.4 so that the revision can be disposed of early.

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Mr. Mishra, learned Additional Government Advocate for the State, on the other hand, submits that he has not yet received any instruction in the matter although a direction was made by this Court on 16.03.2020 to that effect.

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Taking into consideration the facts and circumstances of the case, this Court is of the considered

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opinion that the petitioners should move an application for transfer of their case to any competent court for early disposal of the same.

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In that view of the matter, this writ petition is disposed of with a direction that in the event the petitioners move the Member, Board of Revenue, Odisha, Cuttack within a period of two weeks hence for transfer of S.R.P. No.484 of 2018 pending before the Joint Commissioner, Settlement and Consolidation, Berhampur-opposite party no.3 to any other competent court for early disposal of the same, the Member, Board of Revenue, Odisha, Cuttack shall do well to consider the same and transfer the aforesaid case to any competent court of law for early disposal of the same within a period of one month therefrom.

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Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.

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……..……………………

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K.R. MOHAPATRA,J.

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T.Kanakamma Reddy v. State of Odisha

Case brief

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T.Kanakamma Reddy v. State of Odisha

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