Rama Chandra Padhi vs State Of Odisha & Others

JUDGMENT

Ananda Chandra Behera, J

This writ petition under Article 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the final order dated 21.11.2024 passed in S.R.P. No.775 of 2018 by the Addl. Commissioner of Settlement and Consolidation, Berhampur-II, Ganjam (Opp. Party No.2).

Heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State-Opp. Parties.

During the course of hearing, the learned counsel for the petitioner submitted that, the case land was settled in the name of the petitioner by the Tahasildar, Ganjam in L.E.A. Case No.60/1962 and the petitioner had filed the order of Settlement of the case land in his favour passed in LEA Case No.60 of 1962 before the Opp. Party No.2, but the Opp. Party No.2 passed the impugned order against him (petitioner) without taking the order of settlement of the case land passed in LEA Case No.60 of 1962 in favour of the petitioner into account.

According to the learned counsel for the petitioner, had the said document i.e. the order of settlement of the case land in favour of the petitioner passed in LEA Case No.60 of 1962 been taken into account by the Opp. Party No.2, the impugned order would not have been passed against him (petitioner). For which, the learned counsel for the petitioner submitted for remanding the matter vide S.R.P. No.775 of 2018 to the Opp. Party No.2 in order to decide the same afresh after taking into account to the order of settlement of the case land passed by the Tahasildar, Ganjam in favour of the petitioner in LEA Case No.60 of 1962.

When it is the case of the petitioner that, the case land was earlier settled by the Tahasildar, Ganjam in the name of the petitioner in LEA Case No.60 of 1962 and when the Opp. Party No.2 has not taken the order of settlement of the case land in favour of the petitioner in LEA Case No.60 of 1962 into account at the time of passing the impugned order, then, at this juncture, in order to comply the principles of the natural justice, it is felt proper to allow this writ petition filed by the petitioner interfering with the impugned order dated 21.11.2024 passed in S.R.P. No.775 of 2018 by the Addl. Commissioner of Settlement and Consolidation, Berhampur-II, Ganjam (Opp. Party No.2) through this writ petition filed by the petitioner for deciding the S.R.P. No.775 of 2018 afresh by the Opp. Party No.2 after taking the settlement of the case land in favour of the petitioner in L.E.A. No.60/1962 into account.

As such, there is merit in the writ petition filed by the petitioner. The same must succeed.

In result, the writ petition filed by the petitioner is allowed.

The impugned order dated 21.11.2024 passed in S.R.P. No.775 of 2018 by the Addl. Commissioner of Settlement and Consolidation, Berhampur-II, Ganjam (Opp. Party No.2) is quashed.

The matter vide S.R.P. No.775 of 2018 is remitted back to the Addl. Commissioner of Settlement and Consolidation, Berhampur-II, Ganjam (Opp. Party No.2) for deciding the same afresh as per law after taking into account to the order of settlement of the case land passed by the Tahasildar, Ganjam in L.E.A. Case No.60/1962 and after giving opportunity of being heard to the petitioner and others, if any within a period of two months from the date of filing of the certified copy of this Judgment by the petitioner before the Opp. Party No.2.

As such, this writ petition filed by the petitioner is disposed of finally.