Dismissed

Lalit Kumar Mohanty v. the Member, Board of Revenue, Odisha

Orissa HC16 Jul 2021WP(C)/18033/2021

Case brief

AI extract

What is this about?

Writ petition dismissed as devoid of merit; court found notices insufficient and ground for expedited hearing unacceptable due to pandemic restrictions.

What the court decided

AI extract

Lalit Kumar Mohanty Vs the Member, Board of Revenue… — Writ and Judicial Review | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.18033 of 2021

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Lalit Kumar Mohanty …. Petitioner

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Mr.Susanta Kumar Nath, Advocate

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-versus-

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…. The Member, Board of Revnue, Opp. Parties Odisha, Cuttack and others Mr.D.K.Mishra, Additional Government Advocate

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CORAM:

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JUSTICE K.R.MOHAPATRA

ORDER

Order No.

16.07.2021

This matter is taken up by video conferencing mode.

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This writ petition has been filed for a direction Opposite Party No.1-Member, Board of Revenue, Odisha, Cuttack for early disposal of OSS Case No.1730 of 2018 pending before him.

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Learned counsel for the Petitioner submits that notices have been issued to the Opposite Parties in the said OSS Case, but the averments of the writ petition does not reveal as to whether notices on Opposite Parties are sufficient. Besides, ground for taking up the matter out of turn is that the Petitioner is serving outside Odisha and taking advantage of the same the persons in whose names the land in question has been wrongfully recorded have encroached upon the same and started construction. Hence, Mr.Nath, learned counsel submits that the matter should be heard early to prevent further harassment of the Petitioner.

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Page 1 of 2

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// 2 //

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Taking into consideration the submission made by learned counsel for the Petitioner and on perusal of the writ petition, it is not clear as to whether notices on Opposite Parties are sufficient. Further the ground taken by the Petitioner for out of turn hearing of the petition is also not acceptable.

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Accordingly, the writ petition being devoid of any merit stands dismissed.

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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) Judge

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s.s.satapathy

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Page 2 of 2

Lalit Kumar Mohanty v. the Member, Board of Revenue, Odisha

Case brief

What is this about?

What the court decided

Lalit Kumar Mohanty v. the Member, Board of Revenue, Odisha

Case brief

What is this about?

What the court decided

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