Chintamani Behera v. Addl.Commissioner,Settlement and Consolidation,Balasore
Case brief
What is this about?
Orissa High Court Cuttack writ petition dismissed; Chintamani Behera and Others v Additional Commissioner Settlement and Consolidation Balasore and Others; consolidation order dated 07.01.2015 Annexure-3 challenged as passed in absence of petitioners, adjournment request rejected, counsel absent; court decided on merits instead of remanding owing to 2015 vintage; prayer to correct RoR area from Ac.0.09 dec. to Ac.0.10 dec. refused; Tahasildar demarcation Demarcation Case No.13/2008-09; registered sale deed purchase by private opposite parties recorded in RoR; substituted Opposite Party No.2; order dated 03.09.2024 by Justice B. P. Routray; advocates S.K. Sahoo, R.N. Singh, M. Mohanty, U.K. Sahoo ASC.
What did the court decide?
The impugned order was in fact passed in absence of the petitioners: on the hearing date the Additional Commissioner rejected their request for time, and thereafter their counsel remained absent without taking part in the hearing.