Arakhita Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 11207 OF 2022 Arakhita Biswal and others Petitioners Mr. B. Satpathy, Advocate -versusState of Odisha and another ....

Opp. Parties Mr. Sarojananda Mishra, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

16.05.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioners in this writ petition seek for a direction to learned Additional Commissioner, Consolidation and Settlement, Sambalpur-Opposite Party No.2 for early disposal of Revision Petition No.671 of 2020.

3.

Mr. Satpathy, learned counsel for the Petitioners submits that the matter is ready for hearing and there is no legal impediment for early disposal of the revision petition. Although the Petitioners are taking sincere steps, the Additional Commissioner, Consolidation and Settlement, Sambalpur is not making any endeavour for early disposal of the same. Taking advantage of wrong recording of the land, some of the outsiders are creating disturbances in the possession of the Petitioners. Hence, this writ petition has been filed.

4.

Mr. Mishra, learned Additional Government Advocate submits that there is no material on record to show that the revision petition is ready for hearing and that there is no legal

// 2 // impediment for early disposal of the same. He also submits that he has no instruction with regard to the status of the revision petition and pendency of such type of cases before the Additional Commissioner, Consolidation and Settlement, SambalpurOpposite Party No.2. He, therefore, prays for dismissal of the writ petition.

5.

Upon hearing learned counsel for the parties and on perusal of the case record, the status of the revision petition stated to be pending before the revisional Court is not clear. Hence, this Court is not in a position to entertain the prayer made by learned counsel for the Petitioners.

6.

In view of the above, this writ petition is disposed of with an observation that the Petitioner, if so advised, may move Additional Commissioner, Consolidation and Settlement, Sambalpur-Opposite Party No.2 for early disposal of the revision stating the grounds therein, when it becomes ready for hearing which may be considered in accordance with law. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms