Jayanta Kumar Rout Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Jayanta Kumar Rout Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without entering into merits; Sub-Collector, Balasore (opp. party no.2) directed to expedite the hearing of Lease Appeal No.236 of 2023 and dispose of it in accordance with law within three months from production of certified copy of the order with a copy of the writ petition, and to communicate the result/decision to the petitioners; parties to cooperate and barred from taking adjournments; urgent certified copy to be issued as per Rules.

Issue for consideration

Whether the Court should issue a direction for early/expeditious disposal of Lease Appeal No.236 of 2023 pending before the Sub-Collector, Balasore (opp. party no.2).

Court's answer

Without entering into the merits of the case, the Court disposed of the writ petition, directing the Sub-Collector, Balasore (opp. party no.2) to expedite the hearing of Lease Appeal No.236 of 2023.

Ratio / Principle

The Sub-Collector, Balasore was directed to dispose of Lease Appeal No.236 of 2023 in accordance with law within a period of three months from the date of production of certified copy of the order by the petitioners with a copy of the writ petition.

Key takeaways

The Sub-Collector, Balasore was further directed to communicate the result/decision taken therein to the petitioners.ratio¶31
The parties were directed to cooperate with the proceeding of the case and were not to be allowed to take adjournment.ratio¶32

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.920 of 2025, High Court of Orissa at Cuttack, order dated 28.01.2025) filed by five petitioners through Deepak Ranjan Parida, Advocate, seeking a direction for early disposal of Lease Appeal No.236 of 2023, instituted against them on 21.09.2023 and pending before the Sub-Collector, Balasore (opp. party no.2); the ordersheet showed the case being adjourned on several dates. Counsel for the State (Debasish Nayak, Addl. Govt. Advocate) had no objection to the prayer. Without entering into the merits, the Division Bench (S.K. Sahoo and S.S. Mishra, JJ.) disposed of the writ petition, directing the Sub-Collector to expedite the hearing and dispose of the appeal in accordance with law within three months from the date of production of a certified copy of the order together with a copy of the writ petition, and to communicate the result/decision to the petitioners; the parties were directed to cooperate with the proceeding and were not to be allowed adjournments. Urgent certified copy ordered as per Rules.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.920 of 2025

1. Jayanta Kumar Rout

2. Prafulla Mohapatra

3. Pradeep Kumar Bhuyan

4. Debendra Kumar Jena

5. Bhagaban Chandra Sahoo

….. Petitioners

Mr. Deepak Ranjan Parida, Advocate

-versus-

1. State of Odisha

2. Sub-Collector, Balasore

3. Tahasildar, Khaira

4. Bhagaban Gupta

5. Satish Chandra Gupta

6. Dharma Chandra Gupta

..... Opp. Parties

Mr. Debasish Nayak, Addl. Govt. Advocate

CORAM:

THE HON'BLE MR. JUSTICE S.K. SAHOO

THE HON'BLE MR. JUSTICE S.S. MISHRA

ORDER

Order No.

28.01.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Heard learned counsel for the petitioners and learned counsel for the State.

This writ petition has been filed by the petitioners seeking a direction for early disposal of the Lease Appeal No.236 of 2023 pending before the Sub-Collector, Balasore, opp. party no.2.

Learned counsel for the petitioners contended that the Lease Appeal No.236 of 2023 was instituted against the petitioners on 21.09.2023 and the parties have already entered appearance in that case. He placed the ordersheet of the case to show that the case is being adjourned on several dates. Learned counsel further contended that necessary direction may be issued for early disposal of Lease Appeal No.236 of 2023.

Learned counsel for the State has no objection to such prayer.

Without entering into the merits of the case, we dispose of the writ petition directing the Sub-Collector, Balasore (opp. party no.2) to expedite the hearing of Lease Appeal No.236 of 2023 and dispose of the same in accordance with law within a period of three months from the date of production of certified copy of this order by the petitioners with a copy of the writ petition and to communicate the result/decision taken thereof to the petitioners.

The parties shall cooperate with proceeding of the case and shall not be allowed to take adjournment.

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Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

(S.S. Mishra) Judge

sipun

Signature Not Verified

Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 29-Jan-2025 11:15:04

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