Tilottama Bag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.39903 of 2021 Tilottama Bag and others ....

Petitioners Mr. Alok Kumar Panda, Advocate -versusState of Odisha and others ....

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

CORAM:

JUSTICE K.R.MOHAPATRA Order No.

ORDER

08.02.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioners in this writ petition pray for a direction for early disposal of Review Misc. Case filed under Rule 43 of the Orissa Survey & Settlement Rules, 1962 (for short 'the Rules') read with Para-110 of Chapter 4 of the Orissa Mutation Manual.

3.

It is submitted by Mr. Panda, learned counsel for the Petitioners that during subsistence of an interim order passed in RFA No.18 of 2018 passed by learned District Judge, Kalahandi at Bhawanipatna in respect of the land in question, Opposite Party No.4, namely, Himansu Sekhar Naik filed Mutation Case No.5219 of 2019 and a direction has been made to record Khata No.134/1226 of Mouza-Duarsani under Kalahandi Tahasil at Bhawanipatna in the district of Kalahandi in his name. In view of the above, the Petitioners filed the aforesaid application under Rule 43 of the Rules before the Tahasildar, Kalahandi at Bhawanipatna, who has allowed Mutation Case No.5219 of 2019. It is his submission that said Review Misc. Case has not

// 2 // yet been taken up for admission and issuance of notice. Hence, this writ petition has been filed.

4.

Mr. Mishra, learned Additional Government Advocate submits that the Petitioners may move the Tahasildar, Kalahandi at Bhawanipatna for issuance of notice in the matter if the Review Misc. Case is otherwise ready.

5.

Taking into consideration the submissions made by learned counsel for the parties, this Court without expressing any opinion on the merits of the case of the Petitioners directs that in the event the Petitioners file a memorandum within a period of two weeks hence along with certified copy of this order, the Tahasildar, Kalahandi at Bhawanipatna-Opposite Party No.3 shall register the Review Misc. Case filed on 18th August, 2021 and take up the matter within a period of four weeks therefrom.

6.

Accordingly, this writ petition is disposed of. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge jm