Rajesh Edgu vs State Of Odisha And Another
2023 Latest Caselaw 4335 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.12313 OF 2023


            Rajesh Edgu                              ....         Petitioner(s)
                                                          Mr.P.K.Nayak,Adv.
                                          -versus-

            State of Odisha and another              ....      Opposite Party(s)

                                                          Mr.U.K.Sahoo,ASC
                      CORAM:
                      JUSTICE BISWANATH RATH
                                      ORDER

Order No.                            25.04.2023
   01.       1.     Heard learned counsel for the Parties.

2. In course of argument, it has been brought to the notice of this

Court that the issue involved herein has already been adjudicated and

decided in favour of the Petitioner holding that Section 22 of the

O.L.R. Act is not applicable to Gharabari land. In the final outcome in

W.P.(C) No. 8754 of 2023, it appears, the W.P.(C) No. 8754 of 2023

was based on a judgment of Single Bench and affirmed by the

Division Bench in W.A. No. 1678 of 2022.

3. This Court finds, there is direct application of the judgment to

the case at hand. In the process this Court interferes with the Appeal

order in Misc. (Registration) Appeal No. 18 of 2023 vide Annexure-4

and sets aside the same.

// 2 //

4. This Writ Petition succeeds.

(Biswanath Rath) Judge U.Nayak