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Orissa High CourtWP(C)/21809/2022disposed off

Sri Sri Raikanhu (Deity), Baliban Ashram, Khurda v. State Of Odisha

2022-09-21Mr. Justice Biswanath Rath1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.21809 of 2022 Sri Sri Raikanhu (Deioty), Baliban Ashram, Khurda ....

Petitioner(s).

Mr.B.K.Rout-1, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Mr.S.P.Panda, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

21.09.2022 Order No.

1.

Going through the instruction memo, this Court finds there is some sort of technical difficulty. Even though there appears no dispute in challenge to the holding in annexure-1 way back in 2008, however for the petitioner having scope under the provision of section 15(b) of the of the Odisha Survey & Settlement Act, 1958, this Court finds no scope in entertaining the writ petition in the present form, which is dropped accordingly. Petitioner, if so advised, may avail the opportunity under the Odisha Survey & Settlement Act, 1958.

2.

Taking into consideration that the petitioner was pursuing its remedy in this Court, Survey & Settlement application may be filed accompanying the limitation petition. This Court directs the competent authority to consider the limitation liberally and decide the matter on merit provided the proceeding is brought within a period of ten days hence.

(Biswanath Rath) sks Judge