Disposed

Chandramani Swain v. the Tahasildar,Vyasanagar

Orissa HC23 Jul 2021WP(C)/1488/2015

Case brief

AI extract

What is this about?

In this writ petition, the Court directed the Tahasildar, Vyasanagar to complete the pending mutation proceeding enquiry No. 889 of 2012 and submit a report by 31st August 2021 as directed by the Member, Board of Revenue, to expedite the decision in the underlying revision petition under the Orissa Survey and Settlement Act, 1958.

What did the court decide?

Directed the Tahasildar, Vyasanagar to complete the enquiry and submit the report by 31st August 2021.

Chandramani Swain Vs the Tahasildar,Vyas… — Constitutional and Fundamental Rights | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 1488 OF 2015

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Chandramani Swain & others …. Petitioners Mr. Swarup Kumar Patnaik, Advocate

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-versus-

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The Tahasildar, Vyasanagar & others …. Opp. Parties Mrs. Suman Pattnaik, Additional Government Advocate

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CORAM: JUSTICE K.R. MOHAPATRA

ORDER

Order No.

23.07.2021

This matter is taken up through video conferencing mode.

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The Petitioners in this writ petition pray for a direction to the Tahasildar, Vyasanagar-Opposite Party No.1 to conclude Mutation Proceeding No.889 of 2012 initiated pursuant to the direction of the Member, Board of Revenue, Odisha, Cuttack vide order dated 30.09.2011 (Annexure-4) in OSS Case No.559 of 2008.

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Mr. Patnaik, learned counsel for the Petitioners submits that the Petitioners have filed revision under Section 15 (b) of the Orissa Survey and Settlement Act, 1958 (for short, ‘the Act’) in OSS Case No. 559 of 2008 before the Member, Board of Revenue, Odisha, Cuttack. The Member, Board of Revenue considering the case of the parties vide his order dated 30^th September, 2011 (Annexure-4) directed as follows:

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“Taking into consideration the factual position as discussed above, this matter is remanded to Tahasildar, Vyasanagar who is directed to institute a mutation proceeding for the Hal suit land and as per provisions laid down under Mutation Manual he is required to examine all relevant records, conduct field enquiry, hear all concerned parties and note his findings in the order sheet of the record. Upon reaching a definite conclusion in the matter the Tahasildar, Vyasanagar is required to submit his findings to this Court for approval.”

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Accordingly, the Tahasildar, Vyasanagar-Opposite Party No.1 on receipt of the order initiated Mutation Proceeding No. 889 of 2012 on his file and took up inquiry. It is his submission that as yet the Tahasildar, Vyasanagar-Opposite party No.1 has not submitted his report as required by the Member, Board of Revenue to take a decision in the revision petition. He, therefore, has filed this writ petition for the aforesaid relief.

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Mrs. Pattnaik, learned Additional Government Advocate for the State, on instruction, submits that the Mutation Proceeding No. 889 of 2012 is still pending before the Tahasildar, Vyasanagar-Opposite Party No.1. The Tahasildar, however, intimated that the said proceeding shall be disposed of within a period of one month hence.

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Taking into consideration the submissions made by learned counsel for the parties and in view of the ratio decided in case of Smt. Bijaya Chatterjee -v- Commissioner, Land Records and Settlement and others, reported in 2000 (II) OLR-349, this Court is of the considered opinion that the Tahasildar, Vyasanagar-Opposite Party No.1 should submits his report as per the direction of the Member, Board of Revenue under

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Annexure-4 at an early date, to enable him to pass a final order in the revision petition.

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It is therefore, directed that the Tahasildar, VyasanagarOpposite Party No.1 shall complete the enquiry as directed by the Member, Board of Revenue in OSS Case No. 559 of 2008 and submit his report by end of 31^st August, 2021 to enable the Member, Board of Revenue, Odisha, Cuttack to take a final decision in OSS Case No. 559 of 2008. Upon receipt of enquiry report from the Tahasildar, Vyasanagar, the parties to the OSS Case No.559 of 2008 shall be intimated to appear before Member, Board of Revenue to participate in the proceeding. It is made clear that this Court has not expressed any opinion on the merits of the case of the parties.

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With the aforesaid observation and direction, the writ petition is disposed of.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25^th March, 2020 as modified by Court’s Notice No.4798, dated 15^th April, 2021.

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(K.R.Mohapatra)

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Judge

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bct

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Chandramani Swain v. the Tahasildar,Vyasanagar

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Chandramani Swain v. the Tahasildar,Vyasanagar

Case brief

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