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Orissa High CourtWP(C)/35015/2021disposed off

Kailash Chandra Behera v. The Addl. Commnr. Consolidation And Settlement, Cuttack

2022-01-03Mr. Justice K.R.Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 35015 of 2021 Kailash Chandra Behera ....

Petitioner Mr. Satyajeet Mukherjee, Advocate -versusThe Additional Commissioner, Consolidation and Settlement, Odisha, Cuttack ....

Opp. Party Mr. Dillip Kumar Mishra, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

03.01.2022 1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ application prays for a direction for early disposal of R.P. Case Nos.796 and 1030 of 2016 and R.P. Case No.928 of 2017 stated to be pending before Opposite Party-Additional Commissioner, Consolidation & Settlement, Odisha, Cuttack.

3.

At the outset, Mr. Mukherjee, learned counsel for the Petitioner submits that he will confine his prayer for early disposal of R.P. Case No.796 of 2016 only and will file separate writ petitions for early disposal of R.P. Case No.1030 of 2016 and R.P. Case No.928 of 2017.

4. It is submitted that although there is no legal impediment for early disposal of R.P. Case No.796 of 2016, the authority is not taking any step for disposal of the same in accordance with law.

5.

Mr. Mishra, learned Additional Government Advocate for the State, on the other hand, submits that he has no

// 2 // instruction as to the status of the case before the said authority and pendency of the matters of similar nature before that court. Hence, he prays for some time to take instructions in the matter. 6.

Taking into consideration the submissions made by learned counsel for the parties and in view of the order proposed to be passed, this Court feels it proper to proceed with the matter without waiting for learned State counsel to obtain instructions.

7. This writ petition is, accordingly, disposed of with a direction that in the event the Petitioner moves an application for early disposal of R.P. Case No.796 of 2016 stated to be pending before the Additional Commissioner, Consolidation & Settlement, Odisha, Cuttack-Opposite Party detailing the grounds therein within a period of two weeks hence, he shall do well to consider and dispose of the said application within a period of two weeks from the date of filing of such application along with certified copy of this order and take follow up action for expeditious disposal of R.P. Case No.796 of 2016 fixing a firm date after the matter becomes ready for hearing, if there is no legal impediment.

8.

A copy of this order shall be served on Mr. Mishra, learned AGA for information and communication. Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge jm

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