Khetramani Appat v. The Addl. Comn.,Settlement And Consolidation, Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.27455 OF 2022 Khetramani Appat and another ....

Petitioner(s) Mr.K.C.Mohanty,Adv.

-versusThe Additional Commissioner Settlement & Consolidation and others ....

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

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

19.10.2022 01.

1.

Heard learned counsel for the Parties.

2.

Through the Writ Petition it is alleged that the Petitioners were not present on the effective date of hearing of the Revision Petition No.798 of 2018 on 22.06.2022, however the disposal order records their presence. Considering the allegation of the Petitioner that the matter was heard in their absence but however, recording their presence in disposal of the order vide Annexure-5, for the settled position of law, Petitioner in such event should approach the authority committing such mistake and the High Court is not competent to enter into such aspect. 3.

In the circumstance while declining to entertain the Writ Petition however observes, if the Petitioners so advised may raise all these allegations before the Additional Commissioner, Settlement and Consolidation, Board of Revenue, Cuttack for passing an appropriate order in consideration of such allegation.

(Biswanath Rath) Judge Swarna