Niranjan Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.34457 OF 2022 Niranjan Mohanty ....

Petitioner(s) Mr.J.K.Naik,Adv.

-versusState of Orissa and ors.

....

Opposite Party(s) Mr.U.K.Sahoo,ASC

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

21.12.2022 01.

1.

Undisputedly in the appeal proceeding, the Appellate Authority allowed the appeal but however with following observation:- "Considering the above facts and circumstances and going by the clarification received from the Joint Secretary to Govt.

R&DM Deptt, Odisha, I am inclined to allow the appeal. The case is remanded to the Tahasildar, Kujang for fresh adjudication in the light of above direction and provisions of law for conversation of kissam of land from "Factory" to "Homestead". Accordingly the case is disposed of.

Order is pronounced in the open court today i.e. on 21st day of December. 2021."

2.

Taking this Court to the above direction learned counsel for the Petitioner makes an allegation against the Tahasildar concerned for sitting over such matter for almost one year. It is also alleged that the Tahasildar is not showing an outcome even after R.I. submits the required report.

// 2 // 3.

Considering there is unnecessary delay in disposal of such proceeding, in disposal of Writ Petition, this Court directs the Tahasildar, Kujanga to show finality to the order of the Appellate Authority indicated herein above by concluding the proceeding lawfully and providing opportunity to the Petitioner at least within a period of one and half months from the date of communication of this order by the Petitioner.

(Biswanath Rath) Judge utkalika