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Jagannath Jagadeba R Vs State — Land Acquisition | Orissa HC (2021)

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Orissa HC
2021
Jagannath Jagadeba R Vs StateJagannath Jagadeba R v. State

Dismissed

Jagannath Jagadeba R v. State

Orissa HC14 Jul 2021WP(C)/25222/2014

Case brief

AI extract

What is this about?

This is a writ petition challenging an objection case order passed by the Sub-Collector, Puri. The Court disposed of the petition without examining merits, granting liberty to file an appeal under Section 12 of the Act, and vacated the interim order.

What did the court decide?

Writ petition disposed of by granting liberty to file an appeal under Section 12 of the Act. Interim order vacated.

What the court decided

AI extract

Outcome

Writ petition disposed of by granting liberty to file an appeal under Section 12 of the Act. Interim order vacated.

Issue for consideration

Whether the Sub-Collector's order under Section 11 of the Act is appealable and if the writ petition should be disposed of without merits. +1 more

Detailed headnote1 paragraphs

The Court held that the order passed by the Sub-Collector-cum-Consolidation Officer under Section 11 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act is appealable under Section 12. Consequently, the writ petition was disposed of by granting liberty to the petitioner to file the appeal. The interim order in the related miscellaneous case was vacated.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.25222 OF 2014

Jagannath Jagadeba Ray …. Petitioner None

-versus-

State of Odisha and others

…. Opp. Parties Mr. Sarojananda Mishra, Additional Government Advocate For Opposite Party Nos.1 and 2

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

14.07.2021

This matter is taken up through video conferencing mode.

This writ petition has been filed assailing the order dated 22^nd March, 2014 (Annexure-2) passed by the Sub-Collectorcum-Consolidation Officer, Puri in Objection Case No.3051 of 1996 filed under Section 9(3) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for short ‘the Act’).

On perusal of the impugned order, it appears that the order has been passed by the Sub-Collector-cum-Consolidation Officer, Puri under Section 11 of the Act, which is appealable one under Section 12 of the Act.

Accordingly, this Court without delving into the merits of the case of the Petitioner, disposes of the writ petition granting liberty to the Petitioner to file appeal under Section 12 of the Act.

The interim order dated 18^th March, 2015 passed in Misc. Case No.22664 of 2014 stands vacated.

Page 1 of 2

// 2 //

jm

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 25th March, 2020 as modified by Court’s Notice No.4798 dated 15^th April, 2021.

(K.R. Mohapatra)

Judge

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the Sub-Collector's order under Section 11 of the Act is appealable and if the writ petition should be disposed of without merits.
2.
Whether the interim order passed in Misc. Case No. 22664 of 2014 should remain in force.

Statutes considered

3 provisions across 1 enactments

AI extract

Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act9(3)1112

Parties & counsel

AI extract

petitioner
Jagannath Jagadeba Ray
respondent
State of Odisha and others

Coram

AI extract

K.R. Mohapatra

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 14 Jul 2021 · July
Registered: 22 Dec 2014
Case no.: WP(C)/25222/2014
CNR: ODHC010008792014
Topic: Land Acquisition
Bench: K.r.mohapatra
Disposal: Disposed Off

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Cite this judgement

Jagannath Jagadeba R v. State, WP(C)/25222/2014 (OD), decided on 14 July 2021.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act9(3) · 11 · 12

View all statutes

Bench / Coram

K.R. Mohapatra

Parties & counsel