Chintamani Puhan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Chintamani Puhan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without being entertained on merits; Petitioner directed to pursue Revenue Appeal No.5 of 2024 before the Appeal Sub-Committee of S.J.T.A., Puri; Appellate Authority directed to dispose of the appeal within one month of presentation of a certified copy of the order; interim direction that no coercive action be taken against the Petitioner pursuant to the letter dated 13.12.2024/Annexure-1 issued by the Tahasildar, Mahanga.

Issue for consideration

Whether the High Court should entertain the writ petition seeking to set aside the Tahasildar, Mahanga's letter dated 13.12.2024 (Annexure-1) when the Petitioner's Revenue Appeal No.5 of 2024 is already pending before the Appeal Sub-Committee of S.J.T.A., Puri.

Court's answer

The Court declined to entertain the writ petition because the Petitioner's appeal (Revenue Appeal No.5 of 2024) was pending before the learned Chairman and Members of the Appeal Sub-Committee of S.J.T.A., Puri.

Ratio / Principle

The Petitioner was directed to pursue his remedy before the learned Chairman and Members of the Appeal Sub-Committee of S.J.T.A., Puri.

Key takeaways

The Appellate Authority was directed to dispose of the pending appeal within a period of one month from the date of presentation of a certified copy of this order.ratio¶¶24
As interim protection, in the meantime no coercive action shall be taken against the Petitioner pursuant to the letter dated 13.12.2024/Annexure-1 issued by the Tahasildar, Mahanga.ratio¶¶24

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No. 1323 of 2025, decided 10.02.2025) challenging the letter dated 13.12.2024 in Letter No. 4568 (Annexure-1) issued by the Tahasildar, Mahanga — Petitioner's Revenue Appeal No.5 of 2024 against the matter was already pending before the Chairman and Members of the Appeal Sub-Committee of S.J.T.A., Puri — Court held that with the appellate remedy pending it was not inclined to entertain the writ petition — Petitioner directed to pursue the appeal before the S.J.T.A. Appeal Sub-Committee — Appellate Authority directed to dispose of the appeal within one month from presentation of a certified copy of the order — interim direction that no coercive action be taken against the Petitioner pursuant to the Annexure-1 letter in the meantime — writ petition disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 1323 of 2025

Chintamani Puhan

.……..... Petitioner(s)

Mr. Pramod Kumar Rout, Adv.

-Versus-

State of Orissa & Ors. ………. Opposite Party(s) Ms. Gayatri Patra, ASC

CORAM:

DR. JUSTICE S.K. PANIGRAHI

ORDER

10.02.2025

Order No.

This matter is taken up through a hybrid arrangement.

Heard.

The present Writ Petition has been filed by the Petitioner with the following prayer:

“Under the above facts and circumstances of the case the petitioner fervently prays before this Hon'ble Court to admit this Writ petition and call for the relevant documents from the Opp. Parties concerned and after hearing the Learned of the opp. parties to set aside the letter dated 13.12.2024 in letter No. 4568 under Annexure1 passed by the Tahasildar, Mahanga, Opp. Party No. 4 in the interest of Justice;

And further prays any appropriate order /orders, direction/ directions may kindly be passed in favour of petitioner under the circumstances of the case;

And for which act of kindness, the petitioner shall as in duty Signature Not Verifiedbound, ever pray.”

Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 11-Feb-2025 18:19:05

During the course of hearing, learned counsel for the State submits that the Petitioner has filed an appeal bearing Revenue

2

Appeal No.5 of 2024 before the Chairman and Members of Appeal Sub-Committee of S.J.T.A., Puri, which is still pending for adjudication.

In such view of the matter, this Court is of the view that since the appeal filed by the Petitioner is pending before the learned Chairman and Members of Appeal Sub-Committee of S.J.T.A., Puri, this Court is not inclined to entertain this Writ Petition. However, the Petitioner is directed to pursue his remedy before the learned Chairman and Members of Appeal Sub-Committee of S.J.T.A., Puri. Further, the Appellate Authority is directed to dispose of the aforesaid appeal within a period of one month from the date of presentation of a certified copy of this order. In the meantime, no coercive action shall be taken against the Petitioner pursuant to the letter dated 13.12.2024/Annexure-1 issued by the Tahasildar, Mahanga.

Accordingly, the Writ Petition is disposed of.

( Dr. S.K. Panigrahi)

Judge

Murmu

Signature Not Verified

Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 11-Feb-2025 18:19:05