Jaminidevi Sribastav @ Jaminidevi Srivastab v. State of Odisha

Orissa HC2 Feb 2021WP(C)/4/2021

Case brief

AI extract

What is this about?

A writ petition seeking early disposal of a revisional petition regarding a clerical error in a revenue record was disposed of without adjudication on merits, with directions to the petitioner to apply under the relevant Act and instructions to the Tahasildar to decide on correction. See para 8. Quality: thin

What the court decided

AI extract

Jaminidevi Sribastav @ Jaminidevi Srivastab Vs State of Odisha — Land Acquisition | Orissa HC (2021)

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W.P.(C) No. 4 of 2021

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02.02.2021

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

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Heard Mr.Sashibhusan Das, learned counsel for the petitioner and Mr.Dillip Kumar Mishra, learned Additional Government Advocate for the State-opposite parties.

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This writ petition has been filed for a direction to opposite party No.3-Commissioner, Land Records and Settlement, Odisha, Cuttack to dispose of the RP Case No.101 of 2020 at an early date.

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Mr.Das, learned counsel for the petitioner submits that although final ROR under Section 12(B) of the Odisha Survey and Settlement Act, 1958 (for short, ‘the Act’) was prepared in the name of the petitioner, but in Column No.2 of the said ROR, her husband has been described to be her father. The petitioner approached the Tahasildar, Cuttack Sadar (OP No.2) for correction of the same, but he expressed his inability to entertain on the plea that final ROR under Section 12(B) of the Act has already been published in respect of the land in question. Finding no other alternative, the petitioner has filed RP Case No.101 of 2020, which is pending before the opposite party No.3. Since the defect/error is an accidental one and it needs a little time for a direction to the Tahasildar, Cuttack Sadar to make necessary correction, the petitioner has filed this writ petition for a direction for early disposal of the aforesaid RP Case.

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Mr.Mishra, learned AGA, on the other hand, submits that Section 41 of the Act takes care of the grievance of the petitioner. Since the husband of the petitioner has been shown as her father, the same is a clerical error occurred due to accidental slip or omission, which can be corrected by filing an application under Section 41 of the Act. As such, the appropriate remedy for the petitioner is to approach the Tahasildar, Cuttack Sadar.

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At this stage, Mr.Das, learned counsel for the petitioner submits that the petitioner is ready and willing to approach the Tahasildar, Cuttack Sadar within a week for correction of the aforesaid clerical mistake. 7. Taking into consideration the submission made by learned counsel for the parties, this Court, without going into the merit of the case of the petitioner, disposes of the writ petition with an observation that in the event the petitioner files an application under Section 41 of the Act for correction of ROR, as stated above, within a period of one weeks hence before the Tahasildar, Cuttack Sadar (opposite party No.2), he shall do well to take a decision in accordance with law with regard to correction in Column No.2 of the ROR as aforesaid, within a period of two months from the date of filing of an application along with an authenticated copy of this order, giving opportunity of hearing to the parties concerned.

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7.1 Authenticated copy of this order downloaded from the website of this Court shall be

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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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Jaminidevi Sribastav @ Jaminidevi Srivastab v. State of Odisha

Case brief

What is this about?

What the court decided

Jaminidevi Sribastav @ Jaminidevi Srivastab v. State of Odisha

Case brief

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What the court decided

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