Disposed

Bhabi Sahoo v. State of Odisha

Orissa HC16 Sept 2020WP(C)/9573/2020

Case brief

AI extract

What is this about?

The Court recalled a stay order due to the pendency of an OSS Case before the Revenue Board. It disposed of the writ petition by directing the petitioner to appear in the Revenue Case, while expressly reserving opinion on the merits of the land dispute.

What did the court decide?

Recall of order dated 16.09.2020; Writ petition disposed by directing petitioner to appear in pending OSS Case No.973 of 2009.

Bhabi Sahoo Vs State of Odisha — Writ and Judicial Review | Orissa HC (2020)

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W.P.(C) No. 9573 of 2020

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I.A. No.15419 of 2020

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25.03.2021 This is an application for recall of order dated 16.09.2020 passed by this Court.

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In view of pendency of OSS Case No.973 of 2009 before learned Member Board of Revenue, Odisha, Cuttack, the order dated 16.09.2020 is recalled and on the consent of learned counsel for the parties, W.P.(C) No. 9573 of 2020 is taken up for final disposal.

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The IA stands disposed of.

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……..……………………

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K.R. MOHAPATRA,J.

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W.P.(C) No. 9573 of 2020

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25.03.2021

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Heard Mr.Trilochan Barik, learned counsel for the petitioner and Mr.S.N.Mishra, learned Additional Government Advocate for the State-opposite parties 1 to 3.

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This writ petition has been filed for a direction to Tahasildar, Vyasanagar (OP No.3) for accepting rent from the petitioner in respect of Hal Khata No.508, Plot No.31, to an extent of Ac.1.00 decimal and Hal Plot No.138 to an extent of 2.00 decimal in Mouza Chandama, Jajpur Road in the district of Jajpur (for short, the ‘the case land’).

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Mr.Barik, learned counsel for the petitioner submits that although ROR has been corrected in the name of the petitioner vide Annexure-1 and pursuant to RP Misc. Case No.142 of 2003 the petitioner was paying land revenue in respect of the case land, but the same is not being accepted from 2010.

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A counter affidavit has been filed by the State stating that the Tahasildar, Vyasanagar has filed OSS Case No.973 of 2009 under Section 15(a) of the Odisha Survey and Settlement Act, 1958 (for short, ‘the Act’), which is pending, as the land in question has been wrongly recorded in the name of the petitioner. 5. In view of the fact that OSS Case No.973 of 2009 is pending before learned Member Board of Revenue, Odisha, Cuttack under Section 15(a) of the Act, this Court feels it proper that the petitioner should appear before the said authority and put forth her case for just adjudication of the Revision. 6. Accordingly, it is directed that in the event the petitioner appears before the Member Board of Revenue, Odisha, Cuttack in OSS Case No.973 of 2009 on 22^nd April, 2021 along with certified copy of this order, learned Member Board of Revenue shall accept her appearance

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and make an endeavour for early disposal of the said Revision on its own merit, as expeditiously as possible preferably within a period of six months from the date of her appearance giving opportunity of hearing to the parties concerned. 7. With the aforesaid observation and direction, the writ petition is disposed of. However, this Court makes it clear that it has not expressed any opinion on the merit of the case of either side

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Issue urgent certified copy of the order on proper application.

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……..……………………

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K.R. MOHAPATRA,J.

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Bhabi Sahoo v. State of Odisha

Case brief

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Bhabi Sahoo v. State of Odisha

Case brief

What is this about?

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