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2025 DAILYLAW 918 (ORI)

PRIYATAMA NAYAK v. ASSISTANT SETTLEMENT OFFICER, CUTTACK

WP(C)/22619/2025 · 2026-01-12

Sashikanta Mishra

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22619 of 2025 Priyatama Nayak …. Petitioner Mr.S.K. Mallick, Advocate -versus- Assistant Settlement Officer, Cuttack and another …. Opp. Parties Mr.S.N. Pattnaik, AGA. CORAM: HON’BLE MR.JUSTICE SASHIKANTA MISHRA Order No. ORDER 12.01.2026 01. 1. This matter is taken up through hybrid mode. 2. The petitioner is aggrieved by the publication of not-final Hal R.O.R. by the Assistant Settlement Officer on 18.03.2021. The said not-final R.O.R. is recorded in the name of the G.A. Department. The petitioner, desiring to file an appeal under section 12-A of Odisha Survey and Settlement Act, 1958, approached the Addl. Settlement Officer, Bhubaneswar by filing an appeal under section 22 of the said Act. His grievance is that his memorandum of appeal is not being entertained. 3. Learned counsel for the State submits that appeal against such publication is being accepted till August 2025, but not thereafter. 4. To this, learned counsel for the petitioner submits that unless he is permitted to prefer an appeal, he would be seriously prejudiced as the land has been recorded in the name of the G.A. Department. 5. Since, according to the petitioner, his valuable right has been infringed by publication of not-final Hal R.O.R., the writ petition is disposed of granting him liberty to prefer an appeal before the concerned appellate authority within ten days from today. If such an appeal is filed along with an application for condonation of delay, the appellate authority shall consider the same and pass appropriate order in accordance with law. It goods without saying that the application for condonation of delay shall be considered at the first instance. (Sashikanta Mishra) Judge PKSahoo