Orissa High Court
Babaji Srichandan vs State Of Odisha And Others .... Opposite ... on 13 December, 2023
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.40616 of 2023
Babaji Srichandan .... Petitioner
Mr. S. Mishra, Advocate
-Versus-
State of Odisha and Others .... Opposite Parties
Mr. P. K. Rout, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
Order No. 13.12.2023
01. 1. Heard learned counsel for the petitioner and Mr. Rout,
learned AGA for the State.
2. A copy of the writ petition is requested to be served on Mr.
Panda-1, learned counsel, who normally appears for BMC.
3. Considering the limited prayer in the writ petition, without
waiting for the response of BMC-opposite party No.3 in particular,
the Court is inclined to dispose it of by the following order.
4. Instant writ petition is filed by the petitioner for a direction
to the opposite parties and particularly, opposite party No.3 not to
evict him from the schedule land pending judgment in OSS Case
No.229 of 2021 by the court of learned Additional Commissioner,
Revisional Court No.3, Bhubaneswar.
5. Referring to a copy of an unregistered sale deed as at
Annexure-1, learned counsel for the petitioner submits that not final
and final RoRs have been published in the name of the Govt. as at
Annexures-2 and 3 respectively, which are with reference to the
Sabik plot said to be sold and purchased under Annexure-1. It is
claimed that challenging such Record of Right in favour of the State
Government, the petitioner has approached the authority concerned
in OSS Case No.229 of 2021 presently pending before the learned
Additional Commissioner, Revisional Court No.3, Bhubaneswar but
in the meantime, BMC have declared eviction, hence, the writ
petition.
6. Mr. Rout, learned AGA for the State submits that since the
land stands owned by the Govt., so therefore, the action which is
contemplated and declared by BMC is justified and in accordance
with law.
7. The order sheets in OSS Case No.229 of 2021 as at
Annexure-6 are perused. It is claimed that on 12th September, 2023,
the hearing in the revision has been closed and now pending for
judgment by Additional Commissioner, Revisional Court No.3,
Bhubaneswar.
8. Considering the submissions of learned counsel for the
respective parties and recording the claim that the hearing in OSS
Case No.229 of 2021 stands concluded and pending for judgment,
the Court is of the considered view that at least till the time, the
final decision is rendered therein vis-à-vis interest of the petitioner
over the schedule land based on Annexure-1, such action at the
behest of BMC should be deferred.
9. Accordingly, it is ordered.
10. In the result, the writ petition stands disposed of with a
direction to opposite party Nos.3 and 4 not to proceed with
eviction and demolition over and in respect of the schedule land
pending final decision in OSS Case No.229 of 2021. It is directed
that in the event, the judgment in OSS Case No.229 of 2021 is
delivered, which is expected to be within a reasonable time, a copy
of the same shall be served on the petitioner so as to enable him to
defend the impugned action of opposite party Nos.3 and 4
immediately.
11. Urgent certified copy of this order be granted as per rules.
(R.K. Pattanaik)
Judge
Tudu
