Bishnu Ch.Swain v. Surendra Nath Swain

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) NO.11557 OF 2010 Bishnu Charan Swain & anr.

....

Petitioners Mr.S.K.Dash, Adv.

-versusSurendranath Swain & ors.

....

Opposite Party(s) Mr.S.P.Panda, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

19.12.2022 6.

1.

Heard learned counsel for the Parties.

Order No.

2.

The Writ Petition involves the impugned order at Annexure9 involving the remand direction by the Commissioner, consolidation & Settlement, Board of Revenue, Cuttack while exercising his power under Section 15(b) of the O.S.S. Act. This Court in a number cases has already come to hold that once power is delegated to the Commissioner, the Commissioner cannot redelegate such power to the Tahasildar. 3.

In the circumstance, this Court finding the remand of the proceeding in R.P. Case No.113 of 2005 against law interferes with the same and setting aside the order at Annexure-9 remits the matter

// 2 // to the Commissioner, Consolidation & Settlement, Board of Revenue, Cuttack for re-disposal of the proceeding by itself. 4.

The Writ Petition thus stands disposed of.

(Biswanath Rath) Judge M.K.Rout