Orissa High Court
WP(C)/25710/2020 on 12 October, 2020
W.P.(C) No.25710 of 2020
02. 12.10.2020 Due to outbreak of COVID-19, this matter is taken up
through Video Conferencing.
Heard Mr. B.S. Panigrahi, learned counsel for the
petitioner and Mr. U.K. Sahoo, learned Additional Standing
Counsel for the State-opposite party nos.1 and 2.
The petitioner, in this writ petition, assails the inaction of
the Tahasildar, Kandhamal, Phulbani-opposite party no.2 in
correcting the area of the plot in record of right published in the
name of the petitioner pursuant to order dated 18.02.2019 under
Annexure-3 passed by the Revenue Divisional Commissioner,
Southern Division, Odisha, Berhampur in OSSARC No.314/17.
Mr. Panigrahi, learned counsel for the petitioner submits
that the petitioner had filed a revision case bearing No.
OSSARC No.314/17 before the Revenue Divisional
Commissioner, Southern Division, Odisha, Berhampur-opposite
party no.1 under Section 15(b) of OS&S Act, 1958 with a
prayer for passing of suitable order for correction of area in
Hall Plot No.2738 as HC 0.0120R instead of HC 0.008R of Hal
Khatian No.304 in Ganjuguda Mouza of Kandhamal Tahasil,
which was disposed of vide order dated 18.02.2019 (Annexure-
3) by the opposite party no.1 with the following direction:-
xx xx xx xx
"Taking the above facts into consideration, I
dispose off this case with a direction to Tahasildar,
Kandhamal to make measurement of the suit land
in the presence of the petitioner as well as RTs of
adjacent lands after issue of prior intimation to the
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parties and record exact extent of suit land under
possession of the petitioner. The Tahasildar,
Kandhamal is further directed to ensure that in no
case the recorded extent of land will exceed the
area claimed by the petitioner.
The above exercise should be completed
within one month from the date of receipt of this
order with submission of necessary compliance to
this court.
The revision is disposed off accordingly."
Since then the matter is pending before the Tahasildar,
Kandhamal for measurement of the land and correction of RoR.
It is submitted by learned counsel for the petitioner that the
order passed by the opposite party no.1 in OSSARC No.314/17
under Annexure-1 has never been challenged and has attained
its finality and there is no legal impediment to implement the
said order.
Mr. Sahoo, learned Additional Standing Counsel for the
State-opposite party nos.1 and 2, on the other hand, submits that
he has no instruction in the matter and he further submits that
the Tahasildar, Kandhamal-opposite party no.2 may be directed
to act as per the order of the Revenue Divisional Commissioner,
Southern Division, Odisha, Berhampur passed in OSSARC
No.314/17, if there is no other legal impediment.
Considering the submissions made by learned counsel for
the parties, the writ petition is disposed of without expressing
any opinion on merit of the case with a direction on production
of an authenticated copy of this order within a period of two
weeks hence, the Tahasildar, Kandhamal-opposite party no.2
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shall do well to implement the direction (supra) made by the
Revenue Divisional Commissioner, Southern Division, Odisha,
Berhampur in OSSARC No.314/17, as expeditiously as
possible preferably within a period of six weeks hence from the
date of filing of such order, after giving opportunity of hearing
to the parties concerned, if there is no legal impediment.
An authenticated copy of this order downloaded from the
website of this Court, which shall be treated at par with
certified copy in the manner prescribed in this Court's Notice
No.4587 dated 25.03.2020.
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JB K.R. MOHAPATRA,J.
