Pratap Ch.Pothal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WA No. 418 of 2019 Pratap Chandra Pothal ....

Appellant Mr. Ramakanta Mohanty, Sr. Advocate with Ms. Sumitra Mohanty, Advocate -versusState of Odisha & Others ....

Respondents Mr. Iswar Mahanty, ASC

CORAM:

THE CHIEF JUSTICE JUSTICE M. S. RAMAN Order No.

ORDER

10.11.2022 05.

1. The impugned order of the learned Single Judge has permitted the Appellant to file a revision Petition under Section 15(b) of the Odisha Survey and Settlement Act before the Commissioner, Land Records and Settlement, Odisha. It has further been clarified that the said Commissioner would decide the issue on merits uninfluenced by the order passed by the Assistant Settlement Officer.

2. It is further clarified by this Court that it will be open to the Appellant to raise all the contentions urged to the writ petition before the Commissioner in accordance with law.

3. The above clarifications is only because Mr. Ramakanta Mohanty, learned Senior counsel states that pursuant to the order of the learned Single Judge, the Commissioner is yet to be approached

by the Petitioner and also because the impugned order was stayed by this Court in the present appeal. Accordingly, it is directed that the time limits granted by the learned Single Judge in the impugned order will begin to run from today.

4. The writ appeal is disposed of in the above terms.

5. The interim order dated 27th September, 2019 is vacated. (Dr. S. Muralidhar) Chief Justice (M. S. Raman) Judge MRS/Laxmikant