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Orissa High CourtWP(C)/5360/2002disposed off

G.S.,Orissa Olympic v. State Of Orissa

2022-08-03Dr. Justice S. Muralidhar (Cj),Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 5360 of 2002 The General Secretary, Orissa Olympic Association, Cuttack and another ....

Petitioners Mr. Dayananda Mohapatra, Advocate -versusState of Orissa and others ....

Opposite Parties Mr. Debakanta Mohanty, AGA Mr. P.K. Rath, Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK Order No.

ORDER

03.08.2022 12.

1. Mr. P.K. Rath, learned counsel states that since he is no longer appearing for the State, he will be returning the files to Mr. Debakanta Mohanty, learned Additional Government Advocate.

2. In view of the amendment to the Section 3(4) of the Orissa Government Land Settlement Act, 1962 (OGLS Act) with effect from 26th February, 2009, Mr. Dayananda Mohapatra, learned counsel appearing for the Petitioner states that the Petitioner will make a fresh application for settlement of the land in question in its favour by complying with all the requirements in that regard. If such application is made not later than 12th September 2022, then, notwithstanding the impugned order of the Revisional Authority reversing the order of the Tahasildar settling the land in favour of the Petitioner, an independent view will be taken of the said application in light of the amended Section 3(4) of the OGLS Act

by the Tahasildar after hearing the Petitioner and a reasoned order shall be passed on such application within a period of three months thereafter and in any event not later than 19th December, 2022. Till such time the status quo order passed by this Court in the present petition on 4th December, 2002 shall continue.

3. The Court clarifies that it has not expressed any view in the matter. The writ petition is disposed of in the above terms. (Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge S. Behera