Allowed¶6

Biswakeshan Mallick v. Settlement Officer, Cuttack

Orissa HC9 Sept 2025CMAPL/266/2025

Case brief

AI extract

What is this about?

Orissa High Court order allowing a miscellaneous application (CMAPL) for restoration of a writ petition dismissed for failure to rectify Registry defects; dismissal order dated 21.07.2025 in W.P.(C) No.1009 of 2017 set aside and the writ petition restored to its pre-dismissal position. Keywords: restoration of writ petition; non-rectification of defects; Registry; CMAPL; W.P.(C); set aside dismissal; Ananda Chandra Behera.

What did the court decide?

Restoration of writ petition W.P.(C) No.1009 of 2017 by setting aside the dismissal order dated 21.07.2025 and relegating the writ petition to its position prior to dismissal; the CMAPL disposed of finally. ¶6

Biswakeshan Mallick Vs Settlement Officer, Cuttack — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CMAPL No.266 of 2025

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1) Biswakeshan Mallick

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1. Shri Hemanta Kumar Mallick

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1. Srikanta Kumar Mallick

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1. Manas Kumar Mallick

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..... Petitioners

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Represented By Adv. - M/s. Lingaraj Sarangi, Om Swarup

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1. Nakul Charan Mallick

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1. Gopal Charan Mallick

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1. Benudhar Mallick

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-versus-

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1) Settlement Officer, Cuttack

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1) Settlement Officer, Cuttack ..... Opposite Parties 2) The Tahasildar Bari Represented By Adv. – 3) The Commissioner , Land Records Mr. S. Nayak, ASC

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1. The Commissioner , Land Records And Settlement, Board Of Revenue ,

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Odisha , Cuttack

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1. Subash Chandra Mallick

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1. Keshab Mallick

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1. Gajendra Mallick

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CORAM:

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MR. JUSTICE ANANDA CHANDRA BEHERA

ORDER

09.09.2025

Order No.

1. This matter is taken up through hybrid mode.

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Heard from the learned counsels of both the sides.

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This CMAPL has been filed by the petitioners praying for restoration of the writ petition bearing W.P.(C) No.1009 of 2017, which was dismissed for non-rectification of defects shown by the Registry.

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Page 1 of 2.

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Learned counsel for the petitioners submitted that, the defects shown by the Registry shall be rectified promptly in case of restoration.

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Taking the aforesaid submission of the learned counsel for the petitioner and the learned counsel for the State, it is felt proper to allow the CMAPL No.266 of 2025.

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Therefore, the CMAPL filed by the petitioners is allowed, the dismissal order passed on dated 21.07.2025 in W.P.(C) No.1009 of 2017 is set aside. Due to setting aside the dismissal order passed in W.P.(C) No.1009 of 2017, the same be relegated to the position as it was prior to its dismissal.

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As such, this CMAPL is disposed of finally.

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( ANANDA CHANDRA BEHERA) Judge

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Jagabandhu

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Signature Not Verified

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Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 09-Sep-2025 16:28:29

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Page 2 of 2.

Biswakeshan Mallick v. Settlement Officer, Cuttack

Case brief

What is this about?

What did the court decide?

Biswakeshan Mallick v. Settlement Officer, Cuttack

Case brief

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