Disposed

Sisir Ku.Behera v. State

Orissa HC17 Dec 2024WP(C)/20060/2014

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an order in a Rent Objection Case regarding land records. Relying on Narottam Rath v State of Odisha, the Court directed the opposite party to comply with previous directions, holding that the petitioner need not file a separate revision against the impugned order.

What did the court decide?

Direction issued to opposite party No.6 to comply with directions from Narottam Rath v State of Odisha regarding RoR correction; revision not required.

Sisir Ku.Behera Vs State — Landlord and Tenant | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P. (C) No.20060 of 2014

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Sisir Kumar Behera …. Petitioner

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Mr. Sanjay Ku, Samantaray, Advocate

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-Versus-

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State of Odisha and others

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…. Opposite Parties

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Mr. R. Pradhan, ASC

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CORAM: MR. JUSTICE R.K. PATTANAIK

ORDER

17.12.2024

Order No.

Heard Mr. Samantaray, learned counsel for the petitioner and Mr. Pradhan, learned ASC for the State-opposite parties.

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Instant writ petition is filed by the petitioner challenging the impugned orders in Rent Objection Case No.4553 of 2013 filed by him under Annexure-7 with a direction for correction of the final Hal RoR in respect of the case land under Sabik Plot No.502/1234 under Sabik Khata No.359 (255/12) in corresponding to mutated Plot No.502/1234/1747 under mutated Khata No.255/477 in corresponding to Hal Plot No.915/2978 under Hal Khata No.553 of the concerned mouza in view of the Yaddast and Parcha (Not Final ROR) under Annexures-4 & 5 respectively in favour of his vendor.

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In course of hearing, Mr. Samantaray, learned counsel for the petitioner submits that the case of the petitioner is covered by the decision of a Division Bench of this Court in Narottam Rath Vrs. State of Odisha & another and batch of matters dated 2^nd January, 2023 followed by an order dated 2^nd February, 2024 in W.P.(C) No.2032 of 2024, hence, therefore, necessary direction may perhaps be issued to opposite party No.6 in that regard.

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In reply and response to the above, Mr. Pradhan, learned ASC for the State submits that Hal RoR was published in 2013 and in so far as the order under Annexure-7 is concerned, the same is revisable in nature under the OS&S Act, 1958.

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Perused the judgment in W.P.(C) No.1608 of 2014 and batch of cases, wherein, this Court issued series of directions while disposing of the matters setting aside the orders of the ASOs declining the request to record the names of the petitioners in the RoRs in respect of lands involved and also the orders in appeal and that, it has been followed by order in W.P.(C) No. 2032 of 2024.

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Notwithstanding the plea of the State that impugned order under Annexure-7 is revisable in nature as per the provisions of the OS&S Act, in view of the judgment in batch matters (supra) and in W.P.(C) No.2032 of 2024 ( Sukant Kumar Biswal Vrs. State of Odisha & others ) dated 2^nd February, 2024, the Court is inclined to direct opposite party No.6 to comply the directions issued therein, if the case of the petitioner is covered by the same. In other words, the Court is of the view that the petitioner should not be directed to file a revision against Annexure-7 as the same is not necessary in view of the decision in Narottam Rath (supra). Accordingly, it is ordered.

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In the result, the writ petition stands disposed of with the direction as aforesaid.

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Urgent certified copy of this order be issued as per rules.

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Alok Signature Not Verified

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Digitally Signed Signed by: ALOK RANJAN SETHY Designation: Asst. Registrar-Cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 19-Dec-2024 09:56:10

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Sisir Ku.Behera v. State

Case brief

What is this about?

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Sisir Ku.Behera v. State

Case brief

What is this about?

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