Bishnu Charan Majhee vs State Of Odisha And Others
2023 Latest Caselaw 1135 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     W.P.(C) PIL No.2155 of 2023

            Bishnu Charan Majhee                         ....          Petitioner
                                          Mr. Arun Kumar Patra, Advocate
                                       -versus-
            State of Odisha and others              .... Opposite Parties
                                            Mr. Debakanta Mohanty, AGA

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE M.S. RAMAN

                                           ORDER

02.02.2023 Order No.

01. 1. It is stated that Execution Case No.80 of 2019 has been instituted by the Cuttack Municipal Corporation (CMC) for eviction of Opposite Parties 4 to 10 from the property in question pursuant to the judgment of this Court in Second Appeal No.259 of 1985, which has been affirmed by the Supreme Court of India against the said Opposite Parties.

2. The grievance of the Petitioner is that although the said execution petition is pending in the Court of 1st Additional Civil Judge (Senior Division), Cuttack, the relevant orders are not being placed before it by the CMC and adjournments have been sought.

3. Since the proceedings are already pending in another Court, it would not appropriate for this Court to entertain parallel proceedings. A direction nevertheless is issued to the CMC to ensure that all the relevant orders including those forming part of the present petition are placed before the court of 1st Additional Civil Judge (Senior Division), Cuttack in Execution Case No.80 of

2019 positively, if not already done, within a period of eight weeks by filing an appropriate application in those proceedings.

4. The Court clarifies that it has not expressed any view on merits.

5. The CMC will also request to the concerned Court to expedite the matter.

6. The writ petition is disposed of in the above terms. A copy of this order be sent to the Commissioner, CMC as well as the Court concerned forthwith. The Original annexures be returned subject to being substituted by attested photocopies thereof.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge M. Panda