The State Of Odisha vs. Subash Chandra Samantaray (Deceased) Through His Lrs

ITEM NO.24

COURT NO.17

SECTION XI-A

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 26551/2023

[Arising out of impugned final judgment and order dated 02-01-2023 in WP(C) No. 2801/2014 passed by the High Court of Orissa at Cuttack]

THE STATE OF ODISHA & ORS.

Petitioner(s)

VERSUS

DEEPAK KUMAR SAMANTARAY

Respondent $(s)$

WITH

SLP(C) No. 26552/2023 (XI-A) (..FOR ADMISSION and I.R.)

SLP(C) No. 26558/2023 (XI-A)

SLP(C) No. 2716/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.208938/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

$SLP(C)$ No. 2612/2024 (XI-A) (... FOR ADMISSION and I.R. and IA No.234490/2023-CONDONATION OF DELAY IN FILING and IA No.234491/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.234493/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

SLP(C) No. 2613/2024 (XI-A) ( IA No.234868/2023-CONDONATION OF DELAY IN FILING and IA No.234869/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.234870/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

SLP(C) No. 2614/2024 (XI-A) ( IA No.234759/2023-CONDONATION OF DELAY IN FILING and IA No.234760/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.234761/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

SLP(C) No. 2652/2024 (XI-A) SIGNAL ADMISSION and I.R. and IA No. 246671/2023-CONDONATION OF DELAY FILING and IA No.246674/2023-EXEMPTION FROM FILING C/C OF THE TEXT IN THE PUGNED JUDGMENT and IA No.246673/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

SLP(C) No. 2598/2024 (XI-A) ( IA NO.219998/2023-CONDONATION OF DELAY IN FILING and IA No.220011/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.220012/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

SLP(C) No. 2605/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.220965/2023-CONDONATION OF DELAY IN FILING and IA No.220971/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.220968/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

SLP(C) No. 2602/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.219294/2023-CONDONATION OF DELAY IN FILING and IA No.219296/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.219298/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

SLP(C) No. 2606/2024 (XI-A) (.. FOR ADMISSION and I.R. and IA No.220958/2023-CONDONATION OF DELAY IN FILING and IA No.220960/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.220959/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

SLP(C) No. 2608/2024 (XI-A) ( IA No.221157/2023-CONDONATION OF DELAY IN FILING and IA No.221158/2023-EXEMPTION FROM FILING O.T.)

SLP(C) No. 2609/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.221166/2023-CONDONATION OF DELAY IN FILING and IA No.221167/2023-EXEMPTION FROM FILING O.T.)

SLP(C) No. 2611/2024 (XI-A) (IA No.222937/2023-CONDONATION OF DELAY IN FILING and IA No.222938/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 2603/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.218222/2023-CONDONATION OF DELAY IN FILING and IA No.218223/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 2588/2024 (XI-A) (..FOR ADMISSION and I.R. and IA No.218358/2023-CONDONATION OF DELAY IN FILING and IA No.218359/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 2604/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.218903/2023-CONDONATION OF DELAY IN FILING and IA No.218904/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 2621/2024 (XI-A) ( IA No.223063/2023-CONDONATION OF DELAY IN FILING and IA No.223065/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 2587/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.217425/2023-CONDONATION OF DELAY IN FILING and IA No.217427/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 2595/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.216643/2023-CONDONATION OF DELAY IN FILING and IA No.216646/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 2626/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.228765/2023-CONDONATION OF DELAY IN FILING and IA No.228766/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

SLP(C) No. 2627/2024 (XI-A) ( IA No.230694/2023-CONDONATION OF DELAY IN FILING)

SLP(C) No. 2634/2024 (XI-A) ( IA No.228762/2023-CONDONATION OF DELAY IN FILING)

SLP(C) No. 2641/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.247965/2023-CONDONATION OF DELAY IN FILING and IA No.247966/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

SLP(C) No. 2638/2024 (XI-A) ( IA No.225766/2023-CONDONATION OF DELAY IN FILING and IA No.225767/2023-EXEMPTION FROM FILING O.T.)

SLP(C) No. 2639/2024 (XI-A) ( IA No.226646/2023-CONDONATION OF DELAY IN FILING and IA No.226647/2023-EXEMPTION FROM FILING O.T.)

SLP(C) No. 2610/2024 (XI-A) ( IA No.221124/2023-CONDONATION OF DELAY IN FILING and IA No.221127/2023-EXEMPTION FROM FILING O.T.)

SLP(C) No. 2615/2024 (XI-A) ( IA No.234976/2023-CONDONATION OF DELAY IN FILING and IA No.234977/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.234978/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

SLP(C) No. 2616/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.226981/2023-CONDONATION OF DELAY IN FILING and IA No.226982/2023-EXEMPTION FROM FILING O.T.)

SLP(C) No. 2586/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.198078/2023-CONDONATION OF DELAY IN FILING and IA No.198079/2023-EXEMPTION FROM FILING O.T.)

SLP(C) No. 2618/2024 (XI-A)

( IA No.198611/2023-CONDONATION OF DELAY IN FILING and IA No.198613/2023-EXEMPTION FROM FILING O.T.) SLP(C) No. 2622/2024 (XI-A) ( IA No.224943/2023-CONDONATION OF DELAY IN FILING and IA No.224945/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 2653/2024 (XI-A) ( IA No.252309/2023-CONDONATION OF DELAY IN FILING and IA No.252312/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) SLP(C) No. 2636/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.229566/2023-CONDONATION OF DELAY IN FILING) SLP(C) No. 8619/2024 (XI-A) (FOR ADMISSION and I.R. and IA No.60997/2024-CONDONATION OF DELAY IN FILING and IA No.61002/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.60998/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) SLP(C) No. 8617/2024 (XI-A) IA No. 62289/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 26555/2023 (XI-A) SLP(C) No. 26554/2023 (XI-A) IA No. 72529/2024 - APPLICATION FOR PERMISSION IA No. 72532/2024 - EXEMPTION FROM FILING O.T.) SLP(C) No. 26553/2023 (XI-A) SLP(C) No. 26557/2023 (XI-A) (FOR ADMISSION and I.R.) Date : 17-12-2024 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE MANMOHAN For Petitioner(s) Mr. Dhananjaya Mishra, AOR Mr. Prakash Ranjan Nayak, AOR Mr. Debasis Jena, Adv. Ms. Samapika Biswal, AOR Ms. Soumya Sannidhanam, Adv. Mr. Subhasish Mohanty, AOR Mr. Mata Prasad Singh, Adv.

Mr. Pritam Singh, Adv. Mr. Vishvanath Agarwal, Adv. Mr. Rajiv Agnihotri, Adv. Mr. R.S. Mishra, Adv. Mr. Jitendra Kumar Sah, Adv. Mr. Manaj Sarkar, Adv. Mr. Umesh Kumar Shukla, Adv. For Respondent(s) Mr. Niranjan Sahu, AOR Mr. Indrajit Mahanty, Sr. Adv. Mr. Hitendra Nath Rath, AOR Mr. Satyajit Mahanty, Adv. Mr. Abhishek Choudhury, Adv. Mr. P.vamshi Rao, Adv. Mr. Rama Krishna Meka, Adv. Mr. Uma Kant Misra, Adv. Mr. Prabhati Nayak, Adv. Mr. Debabrata Dash, Adv. Mr. Apoorva Sharma, Adv. Mr. Dhananjai Jain, AOR Mr. Adarsh Tripathi, AOR Mr. Vikram Singh Baid, Adv. Mr. Ajitesh Garg, Adv. Mr. Veevak Goel, Adv. Mr. Siddhant Jaiswal, Adv. Mr. Sourav Dutta, Adv. Ms. Shagufa Salim, AOR Mr. Adeel Ahmed, AOR Mr. Brahmananda Tripathi, Adv. Mr. Md Ghouse Muddin Khan, Adv. Mrs. Jasvinder Kaur, Adv. Ms. Manjeet Chawla, AOR Mr. Shivam Yadav, Adv. Mrs. Usha Pant Kukreti, Adv. Ms. Soumya Priyadarshinee, AOR Mr. Naveen Bhardwaj, Adv. Mr. Amit Kumar Srivastava, Adv. Mr. Abhik Sidhu, Adv. Mr. Anirudh Sanganeria, AOR Mr. Atul Kumar, Adv. Mr. Abhimanyu Sharma, Adv. Ms. Deepali, Adv. Mr. Tarun Gupta, AOR

UPON hearing the counsel the Court made the following O R D E R

Delay condoned.

Having heard learned counsel for the parties, we are of the considered view that the judgment needs to be quashed and set aside for the simple reason that instead of deciding each case individually, on its given fact, the High Court proceeded to club and decide all the matters by presuming the facts to be common/identical and framing a common question of law.

As such on this short ground alone, the judgment requires interference, we are of the considered view that each case had to be considered on its own merits.

Whether the power exercised by the ASO under the provisions of Section 12 of the Orissa Survey and Settlement Act, 1958 were exercised prior to the finalisation of the Record of Rights or at a subsequent stage was not considered by the High Court. Also as to whether the aggrieved parties had exhausted their remedies as provided under Section 12A and/or Section 15B of the said Act was also not considered by the High Court. The High Court proceeded on the assumption that all the petitioners before the Court had leases in their favour, in relation to which no Record of Rights was required to be prepared in terms of Section 12 of the said Act.

As such, on these grounds alone, without commenting on the merits of the issue and the contentions raised before us, we remand the matter to the High Court for consideration afresh.

We hope and expect that each case would be considered and

6

decided separately, though expeditiously. All rights and contentions inter se the parties are left open to be agitated before the High Court.

The parties are directed to appear before the High Court on 15.1.2025. The parties undertake to fully co-operate in the proceedings before the High Court.

The special leave petitions are disposed of as above.

Pending application(s), if any, stands disposed of.

(DR. NAVEEN RAWAL) (MATHEW ABRAHAM) DY. REGISTRAR COURT MASTER (NSH)