Gajendra Patasahani & Ors vs State Of Odisha & Ors
2022 Latest Caselaw 6417 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.23502 of 2022


            Gajendra Patasahani & Ors.             ....          Petitioner(s)
                                                          Mr. D. Mohapatra,
                                                                  Advocate
                                        -versus-

            State of Odisha & Ors.                 ....      Opposite Party(s)
                                                            Mr. U.K. Sahoo,
                                                     Addl. Standing Counsel

                      CORAM:
                      JUSTICE BISWANATH RATH

                                       ORDER

09.11.2022 Order No.

01. 1. This case involves a serious allegation through paragraph no.10 that many of the Opposite Parties in O.S.S. Case No.1386 of 2019 had already died even at the time of putting of the application U/s.15(b) of the O.S.S. Act. Petitioner No.3 is the daughter of one of such dead person namely late Bhaskara Patasahani. On the notice aspect there is serious complaint that since the father of the Petitioner Nos.1 to 3 was already dead, there was no possibility of service of notice on the father of the Petitioner in the year 2019. This Court finding a prima facie case and to examine as to whether such judgment since passed involving number of dead persons such as Opposite Party Nos.3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 & 18 is permissible in the eye of law? directs for issuing notice on the question of admission.

2. Since the Opposite Party Nos.1 to 4 will be represented by the learned State Counsel, no notice be issued to them. Let four extra copies of the brief be served on the learned State Counsel by Friday (11th November, 2022).

// 2 //

3. Notice be issued to the Opposite Party Nos.5 to 12 by way of Speed Post or Registered Post with A.D. fixing a short returnable date. Requisites for issuance of notice shall also be filed within the time stipulated hereinabove.

                                                                           (Biswanath Rath)
                                                                               Judge

                                             I.A. No.12518 OF 2022

                 02.   1.      Issue notice as above.
                       2.      Accept one set of process fee.

3. As an interim measure, it is directed that status quo as on today in respect of the disputed property in question shall be maintained by all the parties concerned till the next date of listing of this matter.

(Biswanath Rath) Judge

Ayaskanta Jena