Md. Nazimuddin vs State Of Odisha And Others .... Opp. ...
2023 Latest Caselaw 15868 Ori

Orissa High Court

Md. Nazimuddin vs State Of Odisha And Others .... Opp. ... on 11 December, 2023

Author: K.R. Mohapatra

Bench: K.R. Mohapatra

Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 12-Dec-2023 16:11:35




                                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                               CMP NO.1103 OF 2023
                                      Md. Nazimuddin                              ....        Petitioner
                                                                      Mr. Tusar Kumar Mishra, Advocate
                                                                -versus-
                                      State of Odisha and others                  ....     Opp. Parties

                                                CORAM:
                                                JUSTICE K.R. MOHAPATRA
                                                        ORDER

                Order No.                              11.12.2023

                 01.             1.       This matter is taken up through hybrid mode.

2. Order dated 24th August, 2023 (Annexure-2) passed by learned 2nd Additional District and Sessions Judge, Rourkela in RFA No.246 of 2006 is under challenge in this CMP, whereby petition under Order I Rule 10 CPC filed with a prayer to implead the present Petitioner as a party to the appeal, has been dismissed.

3. Mr. Mishra, learned counsel for the Petitioner submits that the suit has been filed by the private Opposite Parties against the State of Odisha for declaration of their right, title, interest conformation of possession and in the alternative for recovery of possession along with other consequential relief. The suit was registered as CS No.129 of 2005. However, learned Civil Judge (Senior Division), Rourkela vide judgment 11th August, 2006 dismissed the suit against which the private Opposite Parties filed this RFA No.246 of 2006, which is pending in the Court of learned 2nd Additional District and Sessions Judge, Rourkela.

4. Since the nature of the land is communal, the Petitioner being a resident of the locality and a social activist, filed an application to be impleaded as a party as his right is going to be affected, if any order is passed in favour of the private Opposite

// 2 // Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 12-Dec-2023 16:11:35

Parties. The said application was rejected vide order dated 24th August, 2023.

5. In course of hearing, Mr. Mishra, learned counsel for the Petitioner submits that interest of justice will be best served, if the Petitioner files a representative suit, if any cause of action arises in future. He, therefore, prays for withdrawal of the CMP submitting that the observation made in the impugned order should not influence the learned court, if any representative suit is filed in future.

6. In view of such submission made by learned counsel for the Petitioner and without expressing any opinion on the same, this Court disposes of the CMP as withdrawn.

(K.R. Mohapatra) Judge

Rojalin