Allowed

Rekha Bhoi v. Patrari Rout

Orissa HC8 May 2023WP(C)/21933/2017

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a writ petition challenging a consolidation revision order. The court set aside the impugned order due to lack of service of notice on the deceased opposite party's legal heirs and remanded the matter for fresh adjudication directed at the Additional Commissioner.

What did the court decide?

Impugned order dated 4.03.2016 set aside; parties directed to appear before Additional Commissioner on 19.05.2023 for fresh adjudication and filing of objections.

Rekha Bhoi Vs Patrari Rout — Land Acquisition | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.21933 of 2017

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Rekha Bhoi & Ors.

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…. Petitioner(s)

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Mr. A.Pr. Bose, Adv.

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-versus-

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Patrari Rout & Ors.

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…. Opposite Party(s) Mr. S. Nayak, Adv. Mr. S. Mishra, ASC

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CORAM: JUSTICE BISWANATH RATH

ORDER 08.05.2023

Order No.

1. Heard the submission of learned counsel for respective parties. 2. Impugned order at Annexure-1 has been challenged on the premises of no notice to the legal heirs of deceased Opposite Party in Con. Rev. No.1547 of 2015.

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3. This Court considers the submission of respective counsels. When one party claims, there is no service of notice on the legal heirs of the deceased Opposite Party, the other side taking this Court to the observation in the impugned order submits that there has been service of notice. This Court reading the order sheet filed herein commencing page 7 of the brief finds, the order dated 25.06.2015, 20.07.2015, 21.08.2015, 16.10.2015, 18.12.2015, 22.01.2016 & 15.02.2016 finds as follows:-

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< 25.6.15 This revision is filed under Section 37(1) of O.C.H. & P.F.L. Ac. 1972. Head the Learned Counsel for the petitioner. Perused the stay petition.

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Page 1 of 3

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// 2 //

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Stay on operation of final Consolidation R.O.R. bearing chaka Khata No.98 of village Sujia P.S./Tah. Barpali Dist. Bargarh is granted till next date. Issue notice to OP. Put up on 20.7.15

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Dictated Sd/ Addl. Commissioner. Addl. Commissioner

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20.7.15 Case is taken up. Adv. for Petitioner is present. Heard him. He has argued to submit law point regarding such purpose. Adv. for OP is absent. Case to 21.08.15. Stay extended till next date.

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21.8.15 Advocate for the Petitioner present. Put up on 16.X.15. 16.X Case is taken up. Adv. for Petitioner is absent. O.P. is dead. Substitution is filed. Issue notice to all legal heirs of deceased O.P. Case to 18.12.15. 18.12.15 Advocate for the Petitioner present. Issue fresh notice to O.P. Case to 22.1.16 for hearing. 22.1.16 Advocate for the Petitioner present. Heard. Case to 15.2.16 for order. 15.2.16 Order not ready. Case to 4.3.16 for orders.=

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4. The impugned judgment appears to have been passed following the observation dated 15.02.2016. On entire reading of the aforesaid order sheet this Court nowhere finds, there is any observation on the service of notice on the legal heirs of the deceased Opposite Party therein.

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5. In the circumstance and being satisfied with the allegation that the impugned order is passed behind back of the legal heirs of the deceased Opposite Party therein i.e. the present Petitioners herein, this

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Page 2 of 3

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// 3 //

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Court sets aside the impugned order dated 4.03.2016 passed in Con. Rev. No.1547 of 2015. However, for there is requirement of fresh adjudication of the proceeding U/s.37(1) of the O.C.H. & P.F.L. Act, this Court directs both the parties to appear before the Additional Commissioner of Consolidation & Settlement, Sambalpur or the competent authority presently on 19.05.2023 and take the date of hearing of the matter. It is further directed that basing on proper advice the Petitioners herein shall also file their objection on the date of appearance itself.

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6. Writ Petition stands disposed of with the above order.

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(Biswanath Rath)
Judge
Ayaskanta Jena
AYASKANTA Digitally signed by AYASKANTA JENA
JENA Date: 2023.05.10 11:15:10 +05'30'

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Ayaskanta Jena

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Page 3 of 3

Rekha Bhoi v. Patrari Rout

Case brief

What is this about?

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Rekha Bhoi v. Patrari Rout

Case brief

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