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1943 DAILYLAW 3 (ORI)

PEDINI RAJENDRA v. ADDL. COMNR OF SETTLEMENT AND CONSOLIDATION, BERHAMPUR, GANJAM

WP(C)/1943/2026 · 2026-05-02

Sashikanta Mishra

Writ Petition (Civil)body1943

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 1943 of 2026 Pedini Rajendra …. Petitioner Represented by Mr. A. Mishra, Advocate -Versus – Addl. Commissioner of Settlement and Consolidation, Berhampur, Ganjam and others …. Opp. Parties Represented by Mr. A.R. Dash, AGA CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 02.05.2026 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the petitioner and learned Addl. Government Advocate for the State. 3. The petitioner is aggrieved by order dated 01.07.2024 passed by Addl. Commissioner Settlement and Consolidaton, Berhampur, Ganjam. 4. Mr. Mishra, learned counsel for the petitioner submits that even though the petitioner appeared through his counsel at the time of hearing of the revision, the case was dismissed for default and non-prosecution. 5. Perusal of the impugned order reveals that the revisional Court has observed the following under paragraph-1:- “This case is taken up today. The learned Advocate for the petitioner participated and prays to record the suit land in the name of the petitioner. He also submitted the copy of draft Khatian in support of his claim. Order No. 1. 6. Surprisingly, in the final paragraph, the following has been observed:- “The applied land with the supporting sabik documents are not matching. The petitioner is unable to produce other supporting documents to establish his claim. Hence, the case is dismissed for default and non- prosecution.” 7. Both are mutually contradictory, the impugned order is, therefore, set aside. The matter is remitted to the revisional Court to re-hear the revision after granting an opportunity of hearing to the petitioner and all concerned parties. 8. The petitioner shall appear before the revisional Court along with the certified copy of this order on 8th May, 2026 at 10.30 A.M. for fixing date of hearing. (Sashikanta Mishra) Judge BC.TUDU Designation: Sr. Stenographer