Nibedita Manaswinee And Others vs State Of Odisha And Others

Learned counsel for the Petitioners relies on a decision dated 24th June, 2022 of a Coordinate Bench of this Court in W.P.(C) No.1138 of 2013 (Goshibananda Naik v. State of Odisha), where it has been held that the notification dated 20th October, 2010 issued by the Revenue and Disaster Management Department, Government of Odisha imposing additional conditions for eligibility for benefit under the Orissa Resettlement and Rehabilitation Policy, 2006 will not have retrospective effect and, therefore, will not affect the transactions that have taken place prior thereto.

Further, learned counsel for the Petitioners states that the counter affidavit of Opposite Party No.5 was received by him only two days ago and he needs time to file a rejoinder thereto. Copy of the affidavit filed by Opposite Party No.5 be served on learned counsel for the State.

Mr. Panda, learned counsel appearing for Opposite Party No.5 states that he will examine the above judgment and make his submissions on the next date.

Since the above decision in W.P.(C) No.1138 of 2013 on a similar point has been rendered only recently, the Court is of the view that this petition should be heard by the Bench presided over by Justice Biswajit Mohanty. Accordingly list this petition before the Bench of Justice Biswajit Mohanty on 27th July, 2022.

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