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2016 DIGILAW 778 (ORI)

Adeita Prasad Das v. Commissioner of Consolidation, Bhubaneswar

2016-09-12

BISWANATH RATH

body2016
JUDGMENT : Biswanath Rath, J. In assailing the impugned order vide Annexure-1, learned counsel for the petitioner submits that even though the petitioner had initially raised the proceeding with an intention for re-allotment of Chaka but at a later point of time after realizing that he is facing a litigation for more than thirty years getting unresolved, the petitioner filed a petition with a clear intention to accept the modification of Chaka and correction of records passed in Misc. Case No.1/95 dated 12.7.1996 and thereby requested the authority to drop the proceeding as he has no further claim in the matter. 2. Learned counsel for the petitioner further contended that in spite of the petitioner’s application for dropping the proceeding under the situation indicated therein, the Commissioner Consolidation proceeded in the matter and passed an order unnecessarily deciding the merit aspects instead of closing the proceeding recording the contentions made in the application at the instance of the petitioner. 3. From perusal of the impugned order, this Court finds the Commissioner of Consolidation has a clear recording about the petitioner’s filing the application to the above extent. The Commissioner has even recorded the petitioner’s intention for accepting the modification of Chaka and correction of records passed in the year 1996. It is at this stage, this Court feels that after filing of such application, the Commissioner of Consolidation had no jurisdiction to continue with the proceeding as there were no contestants in the matter to oppose the move of the petitioner and would have simply dropped the proceeding recording the contentions made in the application/memo filed by the petitioner. Under the circumstances, this Court sets aside the order under Annexure-1 and treats the revision petition bearing No.850 of 2011 closed as not pressed. 4. Considering the further submission made by the learned counsel for petitioner that for the pendency of the proceeding and for the obstructions by virtue of an illegal order vide Annexure-1, records could not be corrected in the meantime, keeping in view the closure of the proceeding vide R.P. Case No.850 of 2011 as not pressed, the concerned authority is directed to take steps for correcting the records. The entire exercise be concluded within a period of two months from the date of communication of this order. 5. The writ petition stands disposed of with the above direction.