Binod Chandra Choudhury v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.17205 of 2022 Binod Chandra Choudhury ....

Petitioner(s) Mr. A.S. Nandy, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Mr. U.K. Sahoo, Addl. Govt. Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

29.07.2022 01.

1.

This writ petition involves the following prayer:- Order No.

"The petitioner therefore prays that this Hon'ble court may be pleased to admit the application, call for the records and issued "RULE NISI" calling upon the opp. Parties to show cause as to why an appropriate order or writ in the nature of Mandamus shall not be issued. And if the Opp. Parties fail to submit show cause or insufficient cause the Rule be made absolute and an appropriate order or writ in the nature of Mandamus may be issued commanding the Opp. Parties to issue appropriate Record-Of-Right indicating the land in controversy in his favour.

And issue any other appropriate order or orders, writ or writs as this Hon'ble Court thinks proper for the ends of Justices."

2.

It appears, on the selfsame issue the Petitioner has a pending proceeding U/s.15(b) & 25 of the OSS Act, 1958 vide SRP No.479 / 2010.

In the circumstance, this Court finds, the writ petition becomes premature at this stage. However, considering the submission made by

// 2 // the learned counsel for Petitioner, this Court observes, in the event pleadings in SRP No.479/2010 are already completed, all possible steps shall be taken by the Joint Commissioner, Settlement & Consolidation, Berhampur to conclude the proceeding vide SRP No.479/2010 within a period of four months from the date of communication of an authenticated copy of this order by the Petitioner. 3.

The Writ Petition stands disposed of with the above direction. (Biswanath Rath) Judge Ayaskanta Jena