IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No. 19585 of 2014
Smt. Nibedita Rautaray …. Petitioner
Mr. Sanjay Ku, Samantaray, Advocate
-Versus-
State of Odisha and others …. Opposite Parties
Mr. U.K. Sahoo, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
30.10.2024
Order No.
5. 1. Heard learned counsel for the petitioner and Mr. Sahoo,
learned ASC for the State-opposite parties.
2. Instant writ petition is filed by the petitioner challenging the
impugned orders in Suo Motu Rent Objection Case Nos. 7157/12
and 7158/12; Rent Objection Case No. 3298 of 2012 filed by him
besides the order under Annexure-6 in Appeal Case No. 558 of
2013 under Annexures-4, 5, 6 & 7 respectively with a direction for
correction of the final Hal RoR in respect of the case land under Hal
Khata No. 1154 corresponding to Sabik plot No. 200/1295, Sabik
Khata No. 421 of the concerned mouza in view of the registered
sale deed 28th June, 2012 as at Annexure-2.
3. 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 2nd January,
2023 followed by an order dated 2nd 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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4. In reply and response to the above, Mr. Sahoo, learned ASC
for the State submits that Hal RoR was published in 2013 and in so
far as the order under Annexure-6 is concerned, the same is
revisable in nature under the OS&S Act, 1958.
5. 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.
6. Notwithstanding the plea of the State that impugned order
under Annexure-6 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 2nd 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-6 as the same is not necessary in
view of the decision in Narottam Rath (supra). Accordingly, it is
ordered.
7. In the result, the writ petition stands disposed of with the
direction as aforesaid.
8. Urgent certified copy of this order be issued as per rules.
Signature Not Verified
Digitally Signed
Signed by: KABITARANI MAJHI
Reason: Authentication
(R.K. Pattanaik)
Location: OHC, Cuttack
Judge
Date: 04-Nov-2024 17:58:47
kabita
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