BHABANI SHANKAR PATI Vs. STATE OF ODISHA

JUDGEMENT

(1.) THIS writ petition is filed assailing the orders of the quasi -judicial authorities vide Annexures -3, 5 and 6, and also setting aside the notice under Annexure -2.

(2.) IN assailing the impugned order, the learned senior counsel appearing for the petitioner submits that the authorities who have passed the impugned orders, have not considered the matter from the point of view of provisions contained in Section 7 of the O.P.L.E. Act(for short 'the Act'). Similarly, the provisions of Section 8 -A of the said Act have also not been considered. In assailing the impugned orders, the learned counsel for the petitioner submits that since the impugned order vide Annexure -3 was passed on the date of appearance fixed vide Annexure -3, the petitioner had no occasion to putforth his case and the impugned order vide Annexure -3 has been passed without affording reasonable opportunity of hearing to the petitioner.

(3.) HE further assails the orders under Annexures -5 and 6 on the grounds that neither the authorities who passed orders under Annexures -5 and 6 have considered allegations of the petitioner in the Appeal nor there is any consideration of the provisions contained either under Section 7 or under Section 8 -A of the O.P.L.E. Act. Mr. Mishra, learned senior counsel further contends that concerning the very same disputed land, a Objection Case No.1583/78 / 2/334 was initiated against the petitioner and was concluded by the order of competent authority, upon consideration of the case of the petitioner, final orders were passed recording the land in favour of the petitioner. As a consequence of which Record of Right vide page -23 were prepared in favour of the petitioner.