Bijay Kumar Dey Vs State of Odisha

Instant writ petition is filed by the petitioners for a direction to correct the RoR in respect of the schedule land in terms of the order under Annexrue-4 confirmed vide Annexure-6 in OSS Revision Case No.89 of 2017.

Mr. Mishra, learned counsel for the petitioner submits that the order in appeal as per Annexure-4 was to be complied with by opposite party No.2, which has, however, been disposed of by order dated 24^th July, 2020 as at Annexure-7. It is further submitted that the order of the authority concerned in Mutation Appeal No. 209 of 2013 was to be implemented, which has not been complied with by opposite party No.2 and that apart, such decision in appeal has been confirmed by the Revisional Authority. With the above submission, Mr. Mishra, learned counsel for the petitioner submits that a direction may perhaps be issued to opposite party No.2 to

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act upon the order under Annexure-4 and to correct the RoR accordingly.

Mr. Ray, learned AGA for the State requests for an adjournment to seek instructions. However, considering the fact that though there was a need for compliance of the order under Annexure-4 by opposite party No.2 and the same has not taken place and the proceeding in Mutation Case No.34642 of 2018 was disposed of by order dated 24^th July, 2020 on the premise of shortage in area of the case land, the Court is inclined to dispose of the matter by the following order.

The order in Mutation Case No.16985 of 2011 was challenged in the appeal and it led to the passing of the order under Annexure-4, later to which, opposite party No.2 was to comply the same but as earlier stated, it was disposed of by order date 24^th July, 2020. From Annexure-5, it is made to reveal that such order in appeal was challenged but it was dismissed for default by order under Annexure-6 by the Member, Board of Revenue, Cuttack. As a necessary corollary, the order under Annexure-4 was confirmed to be complied with by opposite party No.2, which has not been duly considered, hence, therefore, the conclusion of the Court is that the impugned order dated 24^th July, 2020 as at Annexure-7 is liable to be set aside with a direction to ensure correction of the RoR in compliance of the order in Mutation Appeal No.209 of 2013.

In the result, the writ petition stands disposed of with the direction as aforesaid to be complied with by opposite party No.2 preferably within a period of four weeks from the date of receipt of

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a copy of this order. As a consequence, the impugned order dated 24^th July, 2020 in Mutation Case No.34642 of 2018 is hereby set aside.