Orissa High Court
Pravat Nalini Patnaik And Others vs Narayan Rath And Others …. Opposite … on 5 March, 2026
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). No.1176 of 2026
Pravat Nalini Patnaik and others .... Petitioners
Mr. Jnana Ranjan Kar, Advocate
-versus-
Narayan Rath and others .... Opposite Parties
Mr. Sanjay Rath, AGA
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
01. 05.03.2026
1.
It is submitted by the learned counsel for the petitioners that
without impleading the recorded tenant as party to the Revision
Petition, R.P. Case No.750 of 2014 (renumbered as OSS Case
No.1457 of 2017) filed under Section 15(b) of the Odisha Survey and
Settlement Act, 1958, stood disposed of on 07.10.2017.
1.1. It is further submitted that the Member, Board of Revenue,
Camp Court, Bhubaneswar has proceeded on an erroneous basis
treating the opposite party no.1 to the Revision Petition, namely,
Padarbinda Pattnaik dead. It is emphatically submitted by the counsel
that such is incorrect statement of fact. It is pointed out that petitioner
no.2 herein is the opposite party no.1 in the Revision Petition. He
drew attention of this Court in this regard to order dated 07.02.2017
at page-19 of the writ petition. The docket note reveals “Notice to OP
No.01 has returned unserved as he has expired”. On the said basis,
the matter proceeded as if Padarbinda Pattnaik arrayed as opposite
party no.1 in the revision petition expired. However, the subsequent
orders in the record of the proceeding do not show any step was taken
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for substitution of said opposite party no.1. However, it is asserted
that said Padarbinda Pattnaik is still alive and he is the petitioner no.2
in the present writ petition.
2. Issue notice to the opposite parties.
3. Mr. Sanjay Rath, learned Additional Government Advocate
appears and waives service of notice on behalf of opposite party
nos.2, 3 and 4.
4. Issue notice to the opposite party no.1 by Speed Post with
A.D., requisites for which shall be filed within three working days.
In the event of furnishing such requisites within the period stipulated,
the Office shall send the notice to the said opposite party no.1 by
fixing a short returnable date.
5. List this matter in the week commencing 16.03.2026.
I.A. No.922 of 2026
6. Issue notice as above.
7. Accept one set of process fee.
8. Since it is affirmed by the learned counsel for the petitioners
that the petitioner no.2 is still alive and the Member, Board of
Revenue has proceeded without taking due care in service of notice
on such person while disposing of the Revision Petition. This Court
is satisfied that the petitioners have prima facie case and balance of
convenience leans in their favour. Hence, as an interim measure, it is
directed that effect of order dated 07.10.2017 passed in R.P. Case
No.750 of 2014 (renumbered as OSS Case No.1457 of 2017) shall be
kept in abeyance till the next date of listing.
Signature Not
Verified
[[
Digitally Signed
Signed by: MANORANJAN
SAMAL
Designation: PERSONAL
(M.S. Raman)
ASSISTANT
Reason: Authentication Judge
Location:MRS
Orissa High Court,
Cuttack
Date: 05-Mar-2026 17:03:53
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