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Orissa High CourtWP(C)/33225/2022disposed off

D.Ananda Rao Dora v. Member, Board Of Revenue, Ctc

2022-12-09Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.33225 OF 2022 D. Ananda Rao Dora ....

Petitioner(s) Mr.S.Satapathy,Adv.

-versusMember, Board of Revenue, Cuttack and others ....

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

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

09.12.2022 01.

1.

Heard learned counsel for the Parties.

2.

It appears pursuant to certain development taking place in disposal of O.J.C. No.656 of 1978, the dispute involving therein is claimed to have been almost settled but however in the meantime there involved some civil disputes. It is admitted in course of hearing that civil dispute coming to an end, an execution proceeding got involved and in the pendency of execution proceeding there also involves C.M.A. No.1 of 2022. On disposal of C.M.A. No.1 of 2022, it appears there has been filing of Civil Revision No.1 of 2022. 3.

It is at this stage considering the request of the Petitioner, this Court finds that the Office of the Sub-Collector, Sonepur vide letter dated 16.04.2022 appearing at page-33 of the brief informs the Additional District Magistrate that action as appropriate will be taken at appropriate stage but after the disposal of the proceeding pending before the District Judge, Sonepur.

// 2 // 4.

Mr.Satapathy, learned counsel for the Petitioner at this stage submits that there shall be no attention given to the Petitioner's request for the reason of pendency of Civil Revision before the District Judge, Sonepur even in spite of in the meantime the Civil Revision No.01 of 2022 came to be disposed of. In the circumstance Mr.Satapathy, learned counsel for the Petitioner seeks reopening of the issue, on the request of the Petitioner for taking a further decision by the competent authority dependant on their assurance by the communication dated 16.04.2022 at running page-33 of the brief. This Court here finds, Petitioner has already made a request to the Collector, Sonepur in the above line appears to have been received in the Office of the Collector, Sonepur on 01.11.2022.

In the event any such request is still pending before the Collector, Sonepur, the same may be given an outcome but however dependant on the outcome in civil proceeding, if any, in the meantime. Let the Collector do the needful at least within a period of one and half months from the date of communication of this order by the Petitioner. 5.

The Writ Petition thus stands disposed of.

(Biswanath Rath) Judge Swarna