Remanded

Jagannath Giri v. Revenue Divisional Commnr. (Central Division), Cuttack

Orissa HC3 Sept 2021WP(C)/24424/2021

Case brief

AI extract

What is this about?

This court set aside the impugned order dismissing the revision petition for non-filing of plot index without affording opportunity to obtain it. The matter was remanded to the revisional court for fresh adjudication allowing the petitioner to produce the index. The writ petition was disposed of with these observations and directions.

What did the court decide?

The impugned order dated 11.10.2019 is set aside and the matter remanded to the revisional court for fresh adjudication with an opportunity to produce the plot index.

Jagannath Giri Vs Revenue Divisional Commnr. (Central… — Land Acquisition | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 24424 of 2021

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Jagannath Giri …. Petitioner

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Mr.Anjan Kumar Biswal, Advocate

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-versus-

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Revenue Divisional Commissioner (Central Division), Cuttack and others

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…. Opp. Parties

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Mrs. Suman Pattanayak, Additional Government Advocate

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CORAM: JUSTICE K.R. MOHAPATRA

ORDER

Order No.

03.09.2021

This matter is taken up through hybrid mode.

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Petitioner, in this writ petition, seeks to challenge the order dated 11^th October, 2019 (Annexure-4) passed by the Revenue Divisional Commissioner (Central Division), CuttackOpposite Party No.1 (for short, ‘RDC’) in RC No.5 of 2018 filed under Section 37(1) of O.C.H. and P.F.L. Act, 1972 (for short, ‘the Act’).

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Mr. Biswal, learned counsel for the Petitioner submits that due to non-filing of Hal-Sabik Correlation (plot index), the revision petition was dismissed. It is his submission that the plot index can be verified from the records by calling for the same from the concerned Tahasildar, who is the custodian of the records. However, no opportunity was given to the Petitioner to obtain a copy of the plot index to produce the same in support of his case. In that view of the matter, the impugned order as at Annexure-4 is not sustainable and is liable to be set

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aside. He further prays for a direction to remit the matter back to the revisional court for fresh adjudication in accordance with law.

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Mrs. Pattanayak, learned AGA submits, if the Petitioner produces the plot index his case can be considered by the RDC. 5. In that view of the matter, this Court sets aside the impugned order as at Annexure-4 and remits the matter to the revisional court for fresh adjudication in accordance with law giving opportunity to the Petitioner to produce the plot index and proceed with the matter in accordance with law.

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Mr. Biswal, learned counsel for the Petitioner undertakes that the Petitioner will appear before Opposite Party No.1-Revenue Divisional Commissioner (Central Division), Cuttack along with certified copy of this order on 22^nd September, 2021 to receive further instruction in the matter.

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The writ petition is disposed of with the observation and direction, as aforesaid.

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Issue urgent certified copy of the order on proper application.

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(K.R. Mohapatra) Judge

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s.s.satapathy

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Jagannath Giri v. Revenue Divisional Commnr. (Central Division), Cuttack

Case brief

What is this about?

What did the court decide?

Jagannath Giri v. Revenue Divisional Commnr. (Central Division), Cuttack

Case brief

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