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2024 DAILYLAW 892 (ORI)

BINATI DAS v. THE JOINT COMMISSIONER CONSOLIDATION AND SETTLEMENT , CUTTACK

WP(C)/18894/2024 · 2026-02-06

Sashikanta Mishra

Writ Petition (Civil)body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 18894 of 2024 Binati Das …. Petitioner Represented by Mr. S.K. Mishra, Sr. Advocate along with Mr. S. Palatasingh, Advocate -Versus – The Joint Commissioner, Consolidation and Settlement, Cuttack and others …. Opp. Parties Represented by Mr. S.S. Routray, ASC CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 06.02.2026 1. This matter is taken up through hybrid mode. 2. Mr. S.K. Mishra, learned Senior Counsel, appearing with Mr. S. Palatasingh submits that the impugned order is a nullity since the same was passed against a dead person. He submits, referring to the certificate of death issued in respect of Gagan Chandra Das, the predecessor -in-interest of the present petitioner, to show that he died on 16th February, 2008. The impugned order was passed on 05.05.2009, which is obviously after the death of the petitioner’s predecessor-in-interest, who was arrayed as opposite party No.4. Order No. 2. 3. Mr. M.K.Mishra fairly submits that the order has, in fact, been passed against the dead person. 4. Considering the submissions as above and taking note of the date of death of the concerned party and the date of passing of the impugned order, this Court has no hesitation in holding that the same is a nullity. 5. The writ petition, is therefore, allowed on the preliminary point. The impugned order is set aside. The matter is remitted to the revisional authority for deciding the revision afresh leaving it open to both parties to put forth all legal and factual contentions as may be available to them. (Sashikanta Mishra) Judge BC.TUDU Designation: Sr. Stenographer