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2022 Supreme(Ori) 410

BISWANATH RATH
Narayan Sumantaray @ Narayan – Appellant
Versus
State of Orissa – Respondent


Advocates appeared:
M/s. S.D. Das, Sr. Adv. H.S. Satpathy, B.K. Sinha, D.R. Bhokta, D.K. Sundaray, N. Bisoi, A.N. Sahu, D. Mohanty, D.P. Behera, M. Panda, for the Appellant; Mr. S. Ghose, Addl. Govt. Adv., for the Respondent

JUDGMENT

1. This writ petition involves the following prayer:-

    'The petitioners, therefore pray that this Hon'ble Court be graciously pleased to issue a Rule Nisi calling upon the opposite parties to show cause as to why a writ of certiorari or any other appropriate writ/writs shall not be issued;

    i) quashing the order as has been passed under ANNEXURE-5;

    ii) if the opposite parties failed to show cause or show in sufficient cause to make the said rule absolute; and iii) to pass such other order/orders or to issue such other writ/writs as would afford complete relief to the petitioners.

    And for this act of kindness, the petitioners shall as in duty bound every pray.'

2. Factual background involved herein is that a suo motu ceiling surplus proceeding bearing O.L.R Case No.62 of 1974 was initiated by the Tahasildar in the name of one Subash Chandra Pradhan @ Samantaray, which was, however, dropped on the observation that on the basis of revised report of the R.I. it was found that the family held total extent of land 19.16 standard acre. The occupier was in Raiyat status, also remains one of the ground. While the matter stood thus O.L.R. Case No.59 of 1974 was instituted against the father

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