IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.29015 of 2025 Jagannath Panda and others …. Petitioners Ms. A. Mohanty, Advocate -Versus- State of Odisha & others …. Opposite parties Mr. P.K. Ray, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 28.10.2025 01. 1. Heard learned counsel for the respective parties. 2. Instant writ petition is filed by the petitioners challenging the impugned notice dated 6th September, 2025 as at Annexure-1 on the grounds stated. 3. Ms. Mohanty, learned counsel for the petitioners submits that the pond in question stands recorded in the name of Government as per Annexure-3, whereas, it was earlier stood in the name of the deity, challenging which, a revision is filed under Section 15(b) of the Orissa Survey and Settlement Act presently pending disposal before the Additional Commissioner, Consolidation & Settlement, Bhadrak in Revision Petition No.90/25 of 2025. It is submitted that the petitioners have approached the Collector, Bhadrak with a representation dated 15th April, 2025 i.e. Annexure-5, but without considering the same, on 6th September, 2025 such notice has been issued as per Annexure-1 by the Sarpanch, namely, opposite party No.3 for auction in respect of the pond in use of the petitioners. The submission of Ms. Mohanty, learned counsel for the petitioners is that no auction should be held with regard to the pond pursuant to Annexure-1 pending disposal of the revision before the Consolidation authority. 4. Recorded the submission of Mr. Ray, learned AGA for the State. 5. A copy of the RoR earlier recorded in the name of the deity is at Annexure-2. From the facts pleaded on record with reference to the RoR i.e. Annexure-3, it is revealed that the alleged pond now stands recorded in the name of the Government. A copy of the revision petition before the Consolidation Authority is at Annexure-4 and the same is filed in terms of Section 15(b) of the Orissa Survey and Settlement Act challenging the Record of Right. The submission of Ms. Mohanty, learned counsel for the petitioners is that such settlement in the name of the Government is erroneous, hence, the revision. Considering the above facts pleaded on the record and the submissions of learned counsel for the respective parties and since in the meantime, notice has been issued by opposite party No.3 for auction of the pond, this Court is of the view that the representation dated 15th April, 2025 as at Annexure-5 should immediately attended to by the Collector, who is allowed to be impleaded herein as opposite party No.4, for orders with a hearing in presence of both the sides. 6. Accordingly, it is ordered. 7. In the result, the writ petition stands disposed of with the direction as aforesaid to be complied with by opposite party No.4, namely, the Collector, Bhadrak for disposal of the representation dated 15th April, 2025 in case received from the petitioners and to take a decision thereon as expeditiously as possible preferably within a period of three weeks from the date of receipt of a copy of the order and till such time, the decision of opposite party No.3 with respect to auction of the pond in view of Annexure-1 shall be deferred. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok