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  1. Home/
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  3. High Court Of Orissa/
  4. 2024/
  5. August

Bankim Samaddar vs. Addl. Sub Collector, Bbsr

Decided on 31 August 2024• Citation: WP(C)/19709/2024• High Court of Orissa
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 Signature Not Verified                                                           
 Digitally Signed                                                                 
 Signed by: SANGRAM DAS                                                           
 Reason: Authentication                                                           
 Location: High Court of Orissa, Cuttack                                          
 Date: 02-Sep-2024 16:56:18                                                       
                    IN THE  HIGH COURT   OF ORISSA  AT CUTTACK                    
                                  W.P.(C) No.19709 of 2024                        
                                                    ….                            
                   Bankim Samaddar                          Petitioner            
                                                  Mr.B.S.Das, Advocate            
                                         -versus-                                 
                                                    ….                            
                   Additional Sub-Collector, BBSR           Opp.Party             
                                                     Mr.U.K.Sahoo, ASC            
                            CORAM:                                                
                            JUSTICE B. P. ROUTRAY                                 
                                       ORDER                                      
                                      31.08.2024                                  
     Order No.                                                                    
        01.       1.      The matter is taken up through Hybrid mode.             
                  2.      Heard Mr.Das, learned counsel for the Petitioner and    
                  Mr.Sahoo, learned ASC for State-Opposite Parties.               
                                      th                                          
                  3.      Order dated 8 February 2022 of the Sub-Collector        
                  passed in Mutation Appeal No.1799 of 2013 is challenged in      
                  present writ petition.                                          
                  4.      The Tahasildar as well as the Additional Sub-Collector  
                  have held in their orders that the land in question being covered
                                                 th                               
                  by the direction of this Court dated 29 January 1996 passed in  
                  OJC Case No.944/9 of 1993 for enquiry by a senior officer of    
                  Government, the mutation in favour of the Petitioner cannot be  
                  allowed.                                                        
                  5.      The Petitioner fails to satisfy this Court that his plot i.e.
                  the case land in question is not covered as per earlier direction of
                                 th                                               
                  this Court dated 29 January 1996. Even learned counsel for the  
                                                                    th            
                  Petitioner does not have a copy of order of this Court dated 29 
                  January 1996 with him.                                          
                                                             Page 1 of 2          

 Signature Not Verified                                                           
 Digitally Signed                                                                 
 Signed by: SANGRAM DAS                                                           
 Reason: Authentication                                                           
 Location: High Court of Orissa, Cuttack                                          
 Date: 02-Sep-2024 16:56:18                                                       
                  6.      It is further seen from the impugned order of the Sub-  
                  Collector under Annexure-2 that the Appellant (Petitioner) has  
                  been granted liberty to approach the Revisional Authority under 
                  Section 32 of the OSS Act. So, no merit is seen in favour of the
                  Petitioner to interfere with the impugned order.                
                  7.      Accordingly, the writ petition is dismissed. However, it
                  is open for the Petitioner to proceed in accordance with law as per
                  the direction of the Appellate Authority.                       
                                                   (B.P. Routray)                 
                                                      Judge                       
        S.Das                                                                     
                                                             Page 2 of 2