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Orissa High CourtWP(C)/37233/2021disposed off

Sarat Chandra Nayak v. Commissioner, Consolidation And Settlement

2022-01-05Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 37233 of 2021 Sarat Chandra Nayak and others ....

Petitioners Mr. Pratap Kumar Behera, Advocate -versusCommissioner, Consolidation and Settlement, Odisha, Cuttack and others ....

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

CORAM:

JUSTICE K.R.MOHAPATRA Order No.

ORDER

05.01.2022 1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioners in this writ petition pray for a direction to the Commissioner, Consolidation and Settlement, Odisha, Cuttack for early disposal of R.P. No. 164 of 2017.

3.

Mr. Behera, learned counsel for the Petitioners submits that the matter has not yet been considered and notice has not been issued to the opposite parties therein. He, therefore, submits that a direction may be issued to the Commissioner, Consolidation and Settlement, Odisha, Cuttack to take up the matter for issuance of notice to the opposite parties.

4.

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

// 2 // 5.

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 the response from the Opposite Parties. 6.

In that view of the matter, this writ petition is disposed of with a direction that in the event the Petitioner files a memorandum for consideration of the aforesaid R.P. No. 164 of 2017 for issuance of notice to the opposite parties along with certified copy of this order before the Commissioner, Consolidation and Settlement, Odisha, Cuttack-Opposite Party No.1, he shall do well to accept the same and fix a date preferably within a period of four weeks from the date of filing such memorandum for consideration of the matter for issuance of notice to the opposite parties therein, if the matter is otherwise ready.

7.

A copy of this order shall be served on Mr. Mishra, learned Additional Government Advocate for information and communication.

Urgent certified copy of this order be granted on proper application.

( K.R. Mohapatra) Judge bks