Mahendra Behera v. The Commnr.,Land Records And Settlement,Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 4708 OF 2022 Mahendra Behera and another ....

Petitioners Ms. G. Mallick, Advocate -versus- The Commissioner, Land Records and Settlement, Odisha, Cuttack & others ....

Opp. Parties Mr. D.K. Pani, Additional Standing Counsel (For Opp. Party No.1)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

04.03.2022 1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction to the Commissioner, Land Records and Settlement, Odisha, Cuttack-Opposite Party No.1 for early disposal of R.P. Case No.993 of 2017.

3.

Ms. Mallick, learned counsel for the Petitioner submits that the matter has not yet been considered and notice has not been issued to the opposite parties therein. He, therefore, submits that a direction may be issued to the Commissioner, Land Records and Settlement, Odisha, Cuttack to take up the matter for issuance of notice to the Opposite Parties.

4.

Mr. Pani, learned Additional Standing Counsel for the State, on the other hand, submits that he has no instruction as to the status of the case before the said authority and pendency of the matters of similar nature before that court. Hence, he prays for some time to take instruction in the matter.

// 2 // 5.

Taking into consideration the submissions made by learned counsel for the parties and in view of the order proposed to be passed, this Court feels it proper to proceed with the matter without waiting for the response from the Opposite Parties. 6.

In that view of the matter, this writ petition is disposed of with a direction that in the event the Petitioner files a memorandum for consideration of the aforesaid R.P. Case No.993 2017 for issuance of notice to the opposite parties within a period of two weeks hence along with certified copy of this order before the Commissioner, Land Records and Settlement, Odisha, Cuttack-Opposite Party No.1, he shall do well to accept the same and fix a date, preferably within a period of eight weeks therefrom for consideration of the matter for issuance of notice to the opposite parties therein, if the matter is otherwise ready and there is no legal impediment.

7.

A copy of this order shall be served on Mr. Pani, learned Additional Standing Counsel for information and communication. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge bks