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Orissa High CourtWP(C)/4442/2022disposed off

Rabindra Gochhayat v. State Of Odisha

2022-04-11Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 4442 OF 2022 Rabindra Gochhayat ....

Petitioner Mr. Bibhuti Bhusan Mishra, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Dillip Kumar Mishra, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

11.04.2022 1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction for early disposal of R.P. Case No.6680 of 1998 stated to be pending before the Commissioner, Land Records and Settlement, Odisha, Cuttack.

3.

Mr. Mishra, learned counsel for the Petitioner submits that due to death of the Opposite Party Nos.1, 3 and 5 to the revision petition, applications for their substitution have been filed. Although several memorandums have been filed by the Petitioner to consider the said applications on merit, the Commissioner is neither taking up the matter nor passing any order for which the petitions could not be disposed of. It is his submission that revision petition is pending since 1998 and steps should be taken for early disposal of the revision petition in accordance with law. 4.

Mr. Mishra, learned Additional Government Advocate submits that he has no instruction in the matter. However, if the

// 2 // applications for substitution of the deceased Opposite Party Nos.1, 3 and 5 are pending, the Commissioner should take early steps for their substitution and proceed with the matter accordingly. 5.

Taking into consideration the submissions of learned counsel for the parties, this Court without expressing any opinion on the merits of the case disposes of this writ petition with a direction that in the event the Petitioner files a memorandum along with certified copy of this order within a period of two weeks hence to get the matter listed for consideration of the applications for substitution, the Commissioner, Land Records and Settlement, Odisha, Cuttack-Opposite Party No.2 shall do well to get the matter listed as expeditiously as possible preferably within a period of eight weeks therefrom and proceed with the matter in accordance with law.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks Judge