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Judgment
Mr. Mishra, learned senior advocate appears on behalf of petitioner and submits, impugned is order dated 20th February, 2019 made by the Settlement Officer. He submits, it was made on appeal. Original order is dated 28th January, 2016, whereby the Assistant Settlement Officer (ASO) refused to act on absence of sketch map. By impugned order another purported reason, of being functus officio was given.
He submits, neither of the reasons hold good because superior authority being the Additional District Magistrate had by order dated 31st March, 1997, approved the lease of his client’s vendor. He prays for adjournment to produce the order.
Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and points out the writ petition stands covered by entry no.9 in assignment list of the Hon’ble Mr. Justice, Biswanath Rath. Impugned order, on the face of it, reveals it was made by the Settlement Officer(SO). He submits further, in any event petitioner has alternative statutory remedy.
Mr. Mishra in reply relies on judgment dated 2nd January, 2023, in inter alia, WP(C) no.1608 of 2014 (Narottam Rath vs. State of Odisha and another) to submit, lands were settled under Odisha Government Land Settlement Act, 1962. View taken was clear that the ASO/SO had no authority to enter into the correctness or legality of the settlements.
Adjournment is granted.
List on 23rd March, 2023. Status-quo be maintained till next date of listing.
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