Orissa High Court
Jayakrushna Mohapatra vs Khirod Chandra Mohapatra And on 4 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P (C) No. 13560 of 2017
Jayakrushna Mohapatra ..... Petitioners
Mr. M. Banerjee, Adv.
Vs.
Khirod Chandra Mohapatra and ..... Opposite Parties
others
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
04.08.2023
Order No. This matter is taken up by hybrid mode.
12.
2. Heard Mr. M. Banerjee, learned counsel for the petitioners.
3. The petitioners have filed this writ petition seeking to quash
the order dated 20.12.2016 passed by the District Judge, Puri in
C.M.A. No. 233 of 2014 (arising out of L.H. (N.H.) Misc. Case
No.49 of 2012) under Annexure-5 and to issue direction to
opposite party no.8 to pay the compensation amount to them
without any further delay.
4. Mr. M. Banerjee, learned counsel for the petitioners
contended that though earlier the learned District Judge heard the
matter and passed the order, but subsequently in exercising the
power under Section 151 CPC the learned District Judge, Puri,
vide order dated 20.12.2016, reversed the said order. Therefore,
the petitioner has approached this Court by filing the present writ
petition.
5. As it appears, this Court, vide order dated 01.09.2017,
directed the petitioners to serve copy of the writ petition on Mr.
Amitav Das, learned counsel, who usually appears for National
Highways Authority of India. But till date neither the said
direction of this Court has been complied with nor Mr. Amitav
Das has appeared in this case for the opposite parties.
6. This writ petition was filed in the year 2017 challenging the
reversing order passed by the learned District Judge, Puri on
20.12.2016, by which the learned District Judge, after full hearing
on merits of the application filed under Section 151 CPC by the
petitioners, who are opposite parties in L.A. (N.H) Misc. Case No.
49 of 2012, had recalled the order dated 11.07.2014, in which the
learned District Judge had finally disposed of the (Reference)
Misc. Case No.49 of 2012 with a direction to the competent
authority to disburse the compensation amount. By order dated
04.09.2015, the learned District Judge, while considering the
maintainability of the petition, which was raised by the petitioners,
held that in view of the facts of the case, the petition under Section
151 CPC is prima facie maintainable and the matter kept pending
for final decision after full hearing of the matter from both sides.
After giving full opportunity of hearing to the parties, the learned
District Judge recalled the order dated 11.07.2014 and directed the
Addl. Civil Judge (Sr. Division), Puri to dispose of the suit as
expeditiously as possible and after its disposal sent a copy of the
judgment to the referral court for further hearing on merits of the
land acquisition misc. case.
7. As it appears, the petitioner has not brought to the notice of
the Court whether C.S. No. 37/273 of 2014/2012 is pending before
the learned Addl. Civil Judge (Sr. Division), Puri or not. Apart
from the same, though the writ petition was filed on 07.07.2017
and this Court, vide order dated 01.09.2017, directed the petitioner
to serve copy of the writ petition on Mr. Amitav Das, learned
counsel, who usually appears on behalf of the opposite parties, but
till date the same has not been complied with. Thereafter, though
the matter was listed on 09.11.2017, 02.01.2018, 16.01.2018,
02.04.2019, 12.04.2019, 18.04.2019, 30.04.2019, 13.05.2019 and
17.02.2023, but on all the dates the matter was adjourned at the
instance of the petitioner and, as such, in the meantime more than
six years have passed. In any case, since the order impugned dated
11.07.2014 has been passed in N.H. Misc. Case No.49 of 2012
without taking into consideration the order passed in C.S. No.
37/273 of 2014/2012 by the learned Addl. Civil Judge (Sr.
Division), Puri, the award so passed cannot be sustained in the eye
of law. As such, unless the suit is disposed of and the claim of the
respective parties is determined, N.H. Misc. Case No.49 of 2012
cannot be disposed of.
8. In the above view of the matter, this Court does not find any
error in the order dated 20.12.2016 passed by the District Judge,
Puri in C.M.A. No. 233 of 2014 (arising out of L.H. (N.H.) Misc.
Case No.49 of 2012) under Annexure-5 so as to cause interference
with the same. Accordingly, the writ petition merits no
consideration and the same is hereby dismissed.
Ashok (DR. B.R. SARANGI)
JUDGE
(M.S. RAMAN)
JUDGE
Signature Not Verified
Digitally Signed
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 04-Aug-2023 17:56:27
