SURENDRA SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application has been filed by the petitioner challenging the Order dated 5/9/2005 passed by the Learned Commissioner, Consolidation & Settlement, Orissa, Bhubaneswar, in R.P. No. 173 of 2005 (Annexure-3), on the ground that without assigning any reasons only on the insistence and vehement objection made by the Learned Addl. Standing Counsel, the case was dismissed, in spite of the observations made by the Learned Commissioner himself in Paragraph 4 of the impugned order.

(2.) Dr. Rath, Learned Counsel for the petitioner submits that since no reason has been assigned by the Learned Commissioner while passing the impugned order, which is also completely against his own observations made in paragraph 4 of the order, the same is liable to be set aside and the matter has to be remanded back for its fresh adjudication and disposal, in accordance with law, by passing a reasoned/speaking order.

(3.) Even thought the matter was listed for admission, keeping in view the nature of the grievance made by the Learned Consel of the petitioner and on consent of the Learned Addl. Government Advocate, the same is taken up for final disposal at the stage of admission.