Parbati Mohanty v. Commnr., Consolidation And Settlement, Kendrapara

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) NO.26080 OF 2022 Parbati Mohanty & ors.

....

Petitioners Mr.S.K.Pattanaik, Adv.

-versusCommissioner, Consolidation & Settlement, Kendrapara & ors.

....

Opposite Party(s) Mr.U.K.Sahoo, ASC

CORAM:

JUSTICE BISWANATH RATH

ORDER

20.10.2022 Order No.

1.

1.

Heard learned counsel for the Parties.

2.

Though learned counsel for the Petitioners argues that there is suppression of material fact with regard to the Petitioners therein moving civil suits and remaining unsuccessful, on the asking of the Court to provide the objection of the Petitioners filed before the Competent Authority for considering the same in the Section 15 (b) adjudication process, learned counsel for the Petitioners is unable to provide any such objection. Besides, looking to the nature of the proceeding under Section 15(b) of the O.S.S. Act, this Court in disposal of the Writ Petition observes, in exercise of power under Section 15(b) of the O.S.S. Act, the Adjudicating Authority has no power to get into controversy between the Parties. In the event, the Party remained unsuccessful in the 15(b) proceeding, nothing

// 2 // prevents such Party to undertake the Civil Court exercise to nullify such order.

(Biswanath Rath) Judge M.K.Rout