Kusum Pradhan vs State Of Odisha And Others
2023 Latest Caselaw 10514 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No. 27728 of 2023

            Kusum Pradhan                           ....        Petitioner(s)
                                                         Mr.S.Mishra1,Adv.
                                         -versus-

            State of Odisha and others              ....       Opposite Party(s)
                                                             Mr.S.Ghose,AGA


                      CORAM:
                      JUSTICE BISWANATH RATH
                                      ORDER

Order No.                            31.08.2023
   01.       1.     Heard learned counsel for the Parties.

2. Even though this Writ Petition involves a challenge to the order

under Section 15(b) of the O.S.S. Act, vide R.P. Case No. 167 of

2018, Mr. Mishra, learned counsel for the Petitioner fairly submits on

the selfsame issue there is also pendency of civil suit bearing Civil

Suit No. 1168 of 2022 and there should not be any advantage to

private Opposite Party as an outcome in the proceeding under Section

15(b) of the O.S.S. Act.

3. Considering the fair submission and as this Court finds since

civil suit exercise is undertaken involving very same property, order

passed, if any, in R.P. Case No. 167 of 2018 in exercise of power

under Section 15(b) of the O.S.S. Act shall ultimately be governed by

the judgment and decree in civil suit.

// 2 //

4. In disposal of the Writ Petition, this Court observes, the order

vide Annexure-5 shall ultimately be abided by the final outcome in

the Civil Suit No. 1168 of 2022. In the event there is any attempt for

third party right by the party in benefit of Annexure-5, it may be open

to the Petitioner to bring suitable application in the civil suit.

5. With the above direction, the Writ Petition stands disposed of.

(Biswanath Rath) Judge U.Nayak

Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Designation: Junior Stenographer Reason: Authentication

Date: 02-Sep-2023 14:50:52