Smt.Ninima Mahapatra v. Collector,Bargarh

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 8845 of 2012 Smt. Ninima Mahapatra ....

Petitioner Mr. A.P. Bose, Advocate -versusCollector, Bargarh and others ....

Opposite Parties Mr. P.K. Muduli Additional Government Advocate

CORAM:

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

ORDER

02.08.2022 07.

1. The stand of the Opposite Party No.1 is that although the land was used for the purpose of Dhanuyatra for well over six decades at the time of filing of the reply by the Opposite Party i.e., 4th March, 2013, the final Record of Rights published on 14th November, 2000 under the OCH & PFL Act has been recorded in the name of Radheshyam Pujhari, Sitaram Pujhari, Janakiram Pujhari, Ghanashyam Pujhari, Tulasiram Pujhari and Nabinashyam Pujhari all are the sons of Nilamani Pujhari. It is stated that the M.S. record was prepared and published in the year 1970. It is further stated in para 8 that the Opposite Party No.1 has no scope to make any changes in the said ROR under the OCH & PFL Act.

2. Mr. A.P. Bose, learned counsel appearing for the Petitioners states that the Petitioners will avail the remedy by filing a revision petition under Section 36(1) of the OCH & PFL Act, 1972 against the ROR published on 14th November, 2000.

3. It is further directed that if the said petition be filed on or before 12th September, 2022 along with an application for condonation of delay, citing the pendency of the present writ petition, as the reason for the delay, it will be considered in accordance with law by the Revisional Authority. In such event the Revisional Authority will dispose of the petition within a period of four months thereafter. Till such time the status quo order passed by this Court on 11th January, 2013 will continue.

4. The writ petition is disposed of in the above terms. (Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge S. Behera