Aswini Lenka v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.22241 of 2022 Aswini Lenka & Anr.

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Petitioner(s) Mr. B. Bhuyan, Advocate -versusState of Odisha & Ors.

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Opposite Party(s) Mr. S. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE BISWANATH RATH

ORDER

11.10.2022 Order No.

03.

1.

Writ Petition involves an allegation of non-working out of the direction of the competent authority in disposal of the proceeding U/s.15(b) of the O.S.S. Act, 1958 vide Annexure-6. There is even sought for a clarification by the Secretary regarding implementation of the order of the Revisional Courts by the Tahasildar vide Annexure-9. It is alleged that even after such clarification, there is no working out of the order by the Tahasildar. For the opinion of this Court, in the event there is no challenge to the order of the competent authority in Revision Petition No. 629 of 2018, the other authorities to work-out such direction are bound by such direction. Since there has been raising of certain objection taking que of the observation at Annexure-9, this Court observes, unless the order at Annexure-6 is challenged by the affected party, the order of the revisional authority at Annexure-6 is bound to be worked out, however, preparation of record of rights in the light of the observation of the revisional authority may not stand on the

// 2 // way of the competent authority to challenge the order of the revisional authority in appropriate forum. The order of the revisional authority may be worked-out within a period of fifteen days from the date of communication of a certified copy of this order by the Petitioner. 2.

The Writ Petition stands disposed of with the above order and observation.

(Biswanath Rath) Judge Ayaskanta Jena