Purna Chandra Behera & Others vs State Of Odisha & Others
2023 Latest Caselaw 4299 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   W.P.(C) No.12447 of 2023

            Purna Chandra Behera & Others       ....             Petitioners
                                  Mr. D.R.Mohapatra, Advocate & Associates

                                             -Versus-

            State of Odisha & Others                    ....        Opposite Parties
                                                             Mr. Y.S.P.Babu, AGA


                          CORAM:
                          JUSTICE R.K.PATTANAIK

                                          ORDER

Order No.                               25.04.2023

 01.        1.      Heard learned counsel for the petitioners.

2. Notice to opposite party. Mr. Babu, learned counsel for the State accepts notice for the opposite parties.

3. Learned counsel for the petitioners submits that the schedule land is in their possession after having purchased the same from the decree holder in T.S. No. 51 of 1992. It is further submitted that the judgment and decree in the said suit in 1994 has not been challenged by the Government. It is therefore, submitted that the action of opposite party No.3 initiating action as per the provisions of the OPLE Act is bad in law.

4. Mr. Babu, learned counsel for the State-opposite parties is directed to take instruction in the matter and respond back.

5. List on 16th May, 2023.

(R.K.Pattanaik) Judge

I.A. No. 5745 of 2023

02. 1. In view of the above submission and the fact that stitiban status vis-à-vis the schedule land is claimed by the petitioners by virtue of decree of civil court in T.S. No. 51 of 1992, this Court as an interim measure directs status quo to be maintained in respect thereof till the response is received from the State.

2. Accordingly, it is ordered.

3. List on the date fixed.

4. An urgent certified copy of this order be issued as per rules and in course of the day.

(R.K.Pattanaik) Judge

Kabita