Orissa High Court
M/S.Vijay Durga Poultry Pvt. Ltd vs State Of Odisha And Others .... Opposite ... on 19 April, 2021
Author: B. P. Routray
Bench: B. P. Routray
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21236 of 2014
M/s.Vijay Durga Poultry Pvt. Ltd. .... Petitioner
Mrs. S. Jena, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. S. Palit, A.G.A.
CORAM:
THE CHIEF JUSTICE
JUSTICE B. P. ROUTRAY
ORDER
19.04.2021 Order No.
07. 1. This matter is taken up by video conferencing mode.
2. The Petitioner is aggrieved by a one line order passed by Assistant Settlement Officer, Bhubaneswar on 23rd March, 2013 rejecting Objection Case No.9121/2012 on the ground that the Petitioner had not filed all the relevant documents in support of his claim.
3. Counsel for the Petitioner points out that although notice was issued on 3rd November, 2014 and a status quo order was passed, till date no counter affidavit has been filed.
4. On previous date, i.e., 15th February, 2021, Mr. Palit, learned Additional Government Advocate for the State-Opposite Parties had stated that an affidavit will be filed to bring on record the updated present status and also to explain if the impugned order Page 1 of 3 can be challenged by way of a revision petition under the Orissa Survey and Settlement Act, 1958. That affidavit was to be filed not later than 15th April, 2021.
5. But till date no affidavit has been filed by the Opposite Parties.
6. Counsel for the Petitioner states that the Petitioner has in its favour a registered sale deed which will go to show that the Petitioner is a bonafide purchaser and that the impugned order could not have been passed without giving it a proper hearing.
7. Considering that no counter affidavit has been filed till date, the impugned order is set aside. The Objection Case No.9121/2012 is revived before the Assistant Settlement Officer, Bhubaneswar for a fresh disposal in accordance with law. The Petitioner through its his authorized representative will produce a downloaded copy of this order and appear before the Assistant Settlement Officer, Bhubaneswar on 17th May, 2021 at 11 a.m. The Petitioner will keep ready with entire set of documents that the Petitioner wishes to produce before such officer on that date itself. Thereafter the Assistant Settlement Officer will proceed in accordance with law and dispose of the Objection Case after hearing the Petitioner by a reasoned order not later than 2nd August, 2021. If aggrieved by such order, it would be open to the Petitioner to seek appropriate remedies in accordance with law.
8. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a Page 2 of 3 printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021.
(Dr. S. Muralidhar) Chief Justice ( B.P. Routray) Judge B.K. Barik Page 3 of 3