Trilochan Pradhan & Another vs Gunjara @ Gunja Meher & Others
2021 Latest Caselaw 11013 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            R.S.A. No.60 of 2018


            Trilochan Pradhan & Another                                Appellants
                                                    ....
                                                         Mr.A.R. Dash, Advocate

                                     -versus-
            Gunjara @ Gunja Meher & Others ....                        Respondents



                       CORAM:
                       MR. JUSTICE D.DASH
                                        ORDER

27.10.2021 Order No.

02. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

2. Heard learned counsel for the Appellants in the matter of admission. Perused the judgments passed by the courts below.

3. The Appeal is admitted on the following substantial questions of law:

(i) "Whether the claim of the Plaintiff as a lessee could be accepted in law when the grant of lease in his favour has been found to be not in consonance with the procedures prescribed under the statue for the reason that no appeal has been preferred against the order of grant of such lease?

(ii) Whether on the face of the finding against the Plaintiff as unauthorized encroacher and his conduct in paying the penalty accepting the

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position as held in the encroachment proceeding is to stand on the way of acceptance of the Plaintiff's claim over the property as lessee disentitling the Plaintiff to the reliefs sought for by him in the suit?

(iii) Whether in the facts and circumstances of the case the courts below are right in reaching at the conclusion that despite the legal bar contained in OGLS Act, the suit is maintainable?"

4. Learned Additional Standing Counsel accepts notice on behalf of the Respondent Nos.2 to 4. No notice need be issued to the said Respondents.

Issue notice to the Respondent no.1 by Registered Post with A.D. Steps be taken within a week hence. In that event notice be issued fixing a short returnable date.

5. List this matter in the week commencing 29th November,2021.

(D. Dash) Judge

Himansu

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