Kamala Naik v. Jyoti Prakash

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.17954 of 2022 Kamala Naik & Ors.

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Petitioner(s) Mr.K.K.Rout, Advocate -versusJyoti Prakash & Ors.

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Opp.Party(s) Mr.S.Mishra, ASC

CORAM:

JUSTICE BISWANATH RATH

ORDER

02.08.2022 1.

Heard learned counsel appearing for the parties. Order No.

2.

This writ petition though involves a challenge to the impugned order being unreasoned one. In course of hearing this Court finds through Annexure-6, the impugned order appeared to be based on Annexure-6. A report of competent authority is obtained in the process of issue of 15(b) of Orissa Survey & Settlement Act. Report suggests 15(b) application also involves a request declaring some lease aspect illegal and invalid. The commissioner accordingly disposed of 15(b) application saying proceeding under Section 15(b) of the Orissa Survey & Settlement Act is not maintainable. This Court finds the question of validity of any lease cannot be the subject in 15(b) application. It is at this stage of the matter Mr.Rout, learned counsel for the petitioners submits that there is already a proceeding challenging the lease aspect.

For this development, this Court is of the opinion that unless the petitioner gets rid of lease aspect, there is no scope of consideration in change of record-of-right involving application under Section 15(b) of Orissa Survey & Settlement Act.

// 2 // the Orissa Survey & Settlement Act dependant on the development of lease aspect pending before any other authority. 3.

With this observation, the writ petition stands disposed of. (Biswanath Rath) Judge Sks