Biswajit Saha vs State Of Odisha And Others
2022 Latest Caselaw 2648 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            W.P.(C) No.8795 Of 2022
                            (Through hybrid mode)

        Biswajit Saha                            ....           Petitioner

                                                Mr. B. Bhuyan, Advocate
                                     -versus-

        State of Odisha and others               ....    Opposite Parties
                                                   Mr. P.C. Panda, AGA



                  CORAM: JUSTICE ARINDAM SINHA
                                  ORDER

Order                            16.05.2022
No.
  2.    1.       Mr. Bhuyan, learned advocate appears on behalf of petitioner

and submits, impugned is communication dated 24th January, 2022, whereby the authority rejected his client's application for drug licence on reason reproduced below.

"Due to Encroachment of land."

He submits, the administration sought to evict his client from the land. A Division Bench of this Court by order dated 14th May, 1971 restrained the Administration from taking possession of the land until petitioner was able to establish title in a proper Court of law. He draws attention to ex parte judgment dated 11th May, 2007 and submits, permanent injunction was granted restraining interference with possession of plaintiffs, of whom plaintiff no.1 is petitioner's father, since deceased. The Administration did not prefer appeal against said order.

// 2 //

2. Mr. Panda, learned advocate, Additional Government Advocate appears on behalf of State and submits, alternative and efficacious statutory remedy of appeal is available to petitioner. Mr. Bhuyan presses for adjudication.

3. Petitioner and his predecessors-in-interest, in respect of the land appear to have been laying claim on the land. Such claim was subject-matter of adjudication in the writ petition, as well as Title Suit no.194 of 2001 (Sri Parimal Saha and others v. Cuttack Municipal Corporation and others). In the circumstances, impugned rejection appears to be without reason.

4. State will file counter by 24th June, 2022. Petitioner may file rejoinder by 4th July, 2022.

5. List on 6th July, 2022.

(Arindam Sinha) Judge Sks