Basanta Kumar Tripathy Vs State of Odisha

W.P.(C) No. 3567 of 2021

¶2

25.02.2021 Heard Mr. Anjan Kumar Biswal, learned counsel for the petitioner and Mr. A.K. Mishra, learned Additional Government Advocate for the State-opposite parties.

The petitioner in this writ petition prays for a direction to set aside the order passed by the Settlement Officer, Major Settlement, Rental Colony (now functioning at Major Settlement Office, Jobra, Cuttack)-opposite party No.3 in Objection Case No. 10814/1110 of 2013.

In course of hearing, Mr. Biswal, learned counsel for the petitioner submits that since the final Record of Right under Section 12-B of Orissa Survey and Settlement Act, 1958 (for short, ‘the Act’) has already been published, the petitioner has a statutory remedy to assail the same by filing a revision under Section 15 (b) of the Act. Hence, he prays for withdrawal of the writ petition to avail the statutory remedy under Section 15(b) of the Act. 4. Granting such liberty, the writ petition is disposed of. While adjudicating the petition for condonation of delay, if any, the Revisional Authority shall take into consideration the period of pendency of the writ petition before this Court from 04.01.2021 till date along with other grounds.

2

4.1 Certified copy of the Annexure-5 be returned to learned counsel for the petitioner by substituting an attested photocopy thereof.

Certified copy of this order be issued as per Rules.

……..……………………

¶9

K.R. MOHAPATRA, J.

¶10

ss

Basanta Kumar Tripathy v. State of Odisha