Orissa High Court
2 07.01.2021 This Matter Is Taken ... vs Unknown on 7 January, 2021
W.P(C) No.37365 of 2020
W.P.(C) No.37365 of 2020 & I.A. No.16112 of 2020
02 07.01.2021 This matter is taken up through Video
Conferencing mode.
Heard learned counsel for the parties.
By way of this writ petition, the petitioners
challenge the illegal and arbitrary action of the opposite
parties for evicting them from the scheduled 'Kha' land
which is their ancestral property and undertaking
construction over the said land without following due
process of law.
Learned counsel for the petitioners submitted
that the 'Kha' Scheduled land was recorded as their
ancestral property. During major settlement, since it was
wrongly recorded in M.S. Khata No.119 of Mouza
Mustafapur, district Bhadrak and forms Part of Plot
Nos.1399, 766 and 767, a civil suit bearing
O.S.No.279/94 was filed in the Court of learned Civil
Judge (Senior Division) Bhadrak which was
subsequently renumbered as Title Suit No.279 of 1994-
I/ 361 of 2004-I after transfer to the Civil
Judge(Jr.Division) for declaration of right, title and
interest over the scheduled 'Kha' land. The said court
declared the right, title and interest of the petitioners in
respect of the "Kha" schedule land and directed the
present opposite party Nos. 4 and 5 (Defendant Nos.1
and 3 in the court below) to pay compensation for
acquisition of the land as per Land Acquisition Act.
It is pertinent to mention here that the 'Kha'
schedule land has already been decreed in favour of the
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present petitioners vide Judgment in TS No.279
of 1994- I/361 of 2004-I wherein the Collector, Bhadrak
as well as the Land Acquisition Officer, Bhadrak were the
defendants to the said suit and in the judgment the
present opposite party Nos.4 and 5 (defendant Nos. 1
and 3 in the court below) were directed to pay
compensation in respect of 'Kha' schedule land after its
acquisition as per the Land Acquisition Act.
Learned counsel for the petitioners submits
that the petitioners reiterating their grievance have filed
representations (Annexure-2 Series) before the opposite
party Nos. 2, 3, 4 and 6 on 21.12.2020. However, no
action has been taken on their representations till date
for which they have filed the present writ petition.
Pursuant to the order of this Court learned
Additional Government Advocate submits that in view of
the judgment and decree passed by the competent court
as aforesaid, the opposite party nos.4 and 5 shall
consider the representations of the petitioners pending
before them.
Considering the above submissions made, we
dispose of the writ petition along with Interlocutory
Application directing opposite party Nos. 4 and 5 to
consider and dispose of the representations of the
petitioners vide Annexure-2 series within a period of
eight weeks in terms of the judgment and decree passed
by the learned court below from the date of production
of copy of this order. It is further made clear that the
opposite parties are directed not to disturb the
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possession of petitioners till their representations
are disposed of.
As restriction is continuing for COVID-19,
learned counsel for the parties may utilize the soft copy
of this order available in the High Court's website or
print out thereof at par with certified copies in the
manner prescribed, vide Court's Notice No.4587 dated
25.3.2020.
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S. Panda, J.
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S. K. Panigrahi, J.
LNB
