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Orissa High CourtWA/227/2017disposed off

Paulina Lakra v. Additional District Magistrate,Sundargarh

2022-10-17Dr. Justice S. Muralidhar (Cj),Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.227 of 2017 Paulina Lakra ....

Appellant Mr. G. N. Sahu, Advocate -versusAdditional District Magistrate, Sundargarh and others ....

Respondents Mr. Debakanta Mohanty, AGA

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

17.10.2022 03.

1. The challenge in the present appeal is to an order dated 18th July, 2017 passed by the learned Single Judge disposing of W.P.(C) No.14024 of 2014 filed by the Respondent No.4 challenging the enquiry report of the Revenue Inspector (RI) and the order dated 20th March, 2013 passed by the ADM, Sundargarh in R.A. No.5 of 2012 confirming the said order.

2. During the pendency of the writ petition, the Respondent No.4 placed before the learned Single Judge a copy of the report of the Tahasildar, which purportedly was in his favour.

3. Considering that one report was favouring the present Appellant and the other Respondent No.4, the learned Single Judge remanded the matter to the ADM for a fresh decision.

4. While issuing notice in the present appeal on 13th March 2018, this Court had stayed the operation of the impugned order of the learned Single Judge.

5. Considering that there are two reports - one by the Tahasildar in favour of Respondent No.4 and the other by the RI purportedly in favour of the present Appellant, and both were by officials of the Government, the learned Single Judge rightly remanded the matter to the ADM for a fresh consideration of the entire matter and to reconcile the conflicting reports.

6. In the circumstances, the Court is unable to find any error having been committed by the learned Single Judge in passing the impugned order. The appeal is accordingly dismissed. The interim order passed earlier stands vacated.

(Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge M. Panda/S.K.Guin