Disposed¶22

Sisir Ku.Behera v. State

Orissa HC17 Dec 2024WP(C)/20061/2014

Case brief

AI extract

What is this about?

Hal RoR correction; Rent Objection Case No.4507 of 2013; Sabik Plot No.502/1234; Registered Sale Deed Annexure-3; OS&S Act 1958 revisability; Narottam Rath v. State of Odisha (Div. Bench, 02.01.2023); Sukant Kumar Biswal v. State of Odisha (W.P.(C) No.2032 of 2024, 02.02.2024); W.P.(C) No.1608 of 2014 batch directions recording names in RoRs; direction to opposite party No.6 to comply; revision against Annexure-4 order held unnecessary; writ petition disposed of.

What did the court decide?

Direction to opposite party No.6 to comply with the directions issued in the cited judgments if the petitioner's case is covered; urgent certified copy of the order to be issued as per rules. ¶22

Sisir Ku.Behera Vs State — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to opposite party No.6 to comply with the directions issued in the cited judgments if the petitioner's case is covered; urgent certified copy of the order to be issued as per rules.

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Issue for consideration

Whether opposite party No.6 should be directed to comply with the directions issued in the judgment in W.P.(C) No.1608 of 2014 and batch of cases and in W.P.(C) No.2032 of 2024, if the petitioner's case is covered by the same. +2 more

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Court's answer

Opposite party No.6 was directed to comply with the directions issued in the judgment in W.P.(C) No.1608 of 2014 and batch of cases and in W.P.(C) No.2032 of 2024 (Sukant Kumar Biswal Vrs. State of Odisha & others), if the petitioner's case is covered by the same.

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Ratio / Principle

The petitioner should not be directed to file a revision against the Annexure-4 order, as such a revision is not necessary in view of the decision in Narottam Rath (supra).

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Detailed headnote1 paragraphs

Orissa High Court at Cuttack — W.P. (C) No.20061 of 2014, Sisir Kumar Behera v. State of Odisha and others; order dated 17.12.2024; Coram: R.K. Pattanaik, J. The petitioner, who had challenged the impugned order in Rent Objection Case No.4507 of 2013 (Annexure-4) and sought correction of the final Hal RoR for land under Sabik Plot No.502/1234 (Sabik Khata No.359 (255/12)), corresponding to Hal Plot No.927 (Hal Khata No.592), in view of a Registered Sale Deed (Annexure-3), was informed by counsel that his case was covered by the Division Bench decision in Narottam Rath Vrs. State of Odisha & another and batch of matters dated 2nd January, 2023, followed by the order dated 2nd February, 2024 in W.P.(C) No.2032 of 2024 (Sukant Kumar Biswal Vrs. State of Odisha & others). Though the State submitted that the Annexure-4 order is revisable in nature under the OS&S Act, 1958, the Court — having perused its judgment in W.P.(C) No.1608 of 2014 and batch of cases, wherein directions were issued to record petitioners' names in the RoRs — directed opposite party No.6 to comply with the directions issued therein if the petitioner's case is covered, holding that the petitioner should not be directed to file a revision against Annexure-4 as unnecessary in view of Narottam Rath (supra). Writ petition disposed of accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P. (C) No.20061 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 order in Rent Objection Case No.4507 of 2013 filed by him under Annexure-4 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 Hal Plot No.927 undeer Hal Khata No.592 of the concerned mouza in view of Registered Sale Deed under Annexure-3.

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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

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so far as the order under Annexure-4 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-4 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-4 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

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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

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