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Orissa High CourtWP(C)/3931/2022disposed off

Bijay Kumar Mohanty v. State Of Orissa

2022-02-16Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 3931 of 2022 Bijay Kumar Mohanty .....

Petitioner Mr.Rituranjan Chhotaray, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. S.N. Mishra, Additional Government Advocate (for Opposite Party No.1)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

16.02.2022 1.

1.

This matter is taken up through Hybrid mode.

2.

This writ petition has been filed for a direction to learned Member Board of Revenue, Odisha, camp at Bhubaneswar to dispose of OSS No.34 of 2016 filed under Section 15(b) of the Odisha Survey and Settlement Act, 1958 (for short, 'the Act') at an early date.

4.

It is submitted by learned counsel for the Petitioner that the Petitioner has filed the aforesaid revision under Section 15 (b) of the Act. The Opposite Parties to the said Revision are functionaries of the Government of Odisha and the matter is otherwise ready for hearing. There is no legal impediment for early disposal of the same. He further submits that the Petitioner is a senior citizen of 73 years. Hence, necessary direction may be made for early disposal of the same. 5.

Mr. Mishra, learned AGA submits that he has no instruction as to the pendency of similar nature of cases before

// 2 // learned Member, Board of Revenue, Odisha, camp at Bhubaneswar. Hence, he prays for an adjournment to obtain instruction in the matter.

6.

Taking into consideration the facts and circumstances of the case and the nature of prayer made in the writ petition, this Court, without waiting for response of the Opposite parties, feels it proper to proceed with the matter.

7.

Accordingly, it is directed that in the event of filing of certified copy of this order within a period two weeks hence, learned Member, Board of Revenue, Odisha camp at Bhubaneswar shall make an endeavour to proceed with the matter and take a decision in OSS No.34 of 2016, as expeditiously as possible, preferably within a period of eight months there from. Since the Opposite Parties to the Revision are functionaries of the State notice of the revision petition can be served on learned Government Advocate attached to the said Court, who shall receive notice and assist the Court for early adjudication of the revision within the time stipulated above. 8.

It is made clear that this Court has not expressed any opinion on merit of the case of the Petitioner. 9.

The writ petition is disposed of accordingly. Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy