High CourtsSingle Bench(2021) 07 OHC CK 0049

S. Ashish Ku. Prusty vs State Of Odisha & Ors

Orissa High Court · Decided on 6 July 2021

HON’BLE JUDGES
Biswajit Mohanty, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Civil) No. 7813 Of 2021

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Judgment

19 paragraphs · 308 words

Biswajit Mohanty, J

This matter is taken up by video conferencing mode. Heard Mr. Behera, learned counsel for the petitioner and Mr. Mohapatra, learned Addl. Standing

Counsel.

According to Mr. Behera, the petitioner is aggrieved by fixation of Bench Mark Valuation in respect of petitioner’s land falling under Khata

No.1081/236, Chaka No.808/890, Plot No.2267/2755 covering an area of Ac. 0.800 decimals in Mouza- Kanisi under Kanisi Tahasil in the district of

Ganjam.

Mr. Mohapatra, learned Addl. Standing Counsel submits that as per the letter dated 16.08.2019 written by the Sub-Registrar, Kanisi (Ganjam) to the

Sub-Collector, Berhampur, Ganjam, it has been made clear that there exists anomaly in the case which can be cured as per rule 46 of the Odisha

Stamp Rules, 1952. He further submits that for the said purpose, the petitioner should file a representation before the concerned Collector who

happens to be the Chairman of the Committee, who in turn can refer the matter to the Committee for rectification of anomalies.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioner to file a

representation before the Collector, Ganjam (opposite party no.4), who if satisfied that anomalies exist, should refer the matter immediately to the

relevant Committee, who in turn should take final decision in accordance with law within a period of six months from the date of receipt of such

reference and communicate the result of such exercise to the petitioner.

With the aforesaid observation and direction, the writ petition stands disposed of.

Parties may utilize the soft copy of this order available in the High Court’s Website or print out thereof at par with certified copy in the manner

prescribed vide Court’s Notice No.4587 dated 25.03.2020 read with Notice No.4798 dated 15.04.2021 issued by the Registrar General of this

Court.

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