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2023 DIGILAW 44 (ORI)

Shankarlal Agarwal v. State of Odisha

2023-01-11

M.S.RAMAN, S.MURALIDHAR

body2023
JUDGMENT 1. Mr. P.K. Rath, learned counsel appearing for the Petitioner informs the Court at the outset that of the total land involved in the present petition, portion has already been acquired by the Government of Odisha and it is only in respect of the remaining land continuing which continues to be in possession of the Petitioner that an order requires to be passed by this Court following its earlier judgment of this Court dated 2nd January, 2023 in W.P.(C) No.1608 of 2014 and batch (Narottam Rath and others v. State of Odisha and others). 2. Taking note of the above submission, the Court directs that as regards the land which is remaining with the Petitioner i.e., excluding the land acquired by the Government of Odisha, the impugned order of the Assistant Settlement Officer (ASO) is hereby set aside and the following directions are issued in this writ petition: (i) A direction is issued to the ASO to now proceed to record the name of the Petitioner concerning the land in question in his name in the ROR, in accordance with law within a period of eight weeks; (ii) Where the land in question stands recorded in the final published RoR in the name of the Government that entry will stand cancelled by virtue of this order and the ASO will proceed to record it in favour of the Petitioner. 3. The above directions will be carried out within a period of four months from today. It is made clear that this order will not prevent the Government from exercising powers under Section 3-B of the OGLS Act, in accordance with law. 4. Mr. Rath, learned counsel appearing for the Petitioner states that as regards the acquired land the Petitioner will take steps in the appropriate Court for release of compensation. 5. The writ petition is disposed of in the above terms. Issue urgent certified copy of this order as per rules.