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Orissa High CourtWP(C)/19691/2022disposed off

Salegram Nayak v. Joint Commnr.,Settlement And Consolidation, Sambalpur

2022-09-13Mr. Justice Biswanath Rath1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.19691 OF 2022 Salegram Nayak & anr.

....

Petitioners Mr.S.Pattanaik, Adv.

-versusJoint Commissioner, Settlement & Consolidation, Sambalpur & ors.

....

Opposite Party(s) Mr.S.Ghosh, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

13.9.2022 Order No.

02.

1.

Heard learned counsel for the Parties.

2.

Learned counsel for the Petitioners submits that the orders at Annexure-3 & 4 impugned herein are all against dead persons dying much prior to the date of judgment. It is also brought to the notice of the Court that the Competent Authority proceeded with the matter even after there is a report of death of the parties concerned. This Court here finds, the order involving the dead persons, which is an outcome in such proceeding, becomes void and it need not be challenged and simply to be ignored.

3.

In the circumstance, this Court observes, if the Petitioners find any difficulty before any other Authority by way of outcome of such void order, they may raise appropriate objection for consideration of that Authority.

4.

The Writ Petition stands disposed of accordingly. (Biswanath Rath) Judge M.K.Rout