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Judgment
K.R. Mohapatra, J
This matter is taken up through video conferencing mode.
At the request of Miss Sarangi, learned counsel for the Petitioner, Mr.Baug, learned counsel argued the matter.
Although this writ petition has been filed assailing order dated 19th March, 2021 (Annexure-5) passed by Tahasildar, Jatni â€" Opposite Party No.2
in Revenue Misc. Case No.483 of 2020, but Mr.Baug, learned counsel for the Petitioner, in course of hearing, submitted that a petition under Rule-43
of the Odisha Survey and Settlement Rules, 1962 (for short ‘the Rules’) (Annexure-9) has been filed for review of the order under Annexure-5,
which is pending. It is his submission that interest of justice would be best served if a direction is made for early disposal of the petition under
Annexure-9.
Mr.Mishra, learned AGA submits that the review petition under Annexure-9 is filed on 30th April, 2021 and immediately thereafter the Petitioner
has approached this Court.
It is further submitted that earlier the Petitioner had moved this Court in W.P.(C) No.16392 of 2021 assailing the self-same order under Annexure-5,
which was dismissed vide order dated 4th June, 2021 with case of Rs.5,000/- holding that the writ petition is not maintainable. As such, the present
writ petition is not maintainable and is liable to be dismissed.
Considering the rival contentions of the parties, this Court is of the considered view that since the review petition under Annexure-9 is pending
before the Tahasildar, Jatni-Opposite Party No.2, the same should be disposed in accordance with at an early date.
4.1 Accordingly, this Court without expressing any opinion on the merit of the contentions of the parties, dispose of the writ petition with a direction
that Tahasildar, Jatni-Opposite Party No.2 shall do well to consider and dispose of the Review application under Annexure-9 filed by the Petitioner
under Rule-43 of the Rules in accordance with law as expeditiously as possible, preferably within a period of six months from the date of production of
an authenticated copy of this order.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No.4587 dated 25th March, 2020 as modified by Court’s Notice No.4798 dated 15th April, 2021.