Gahal Mahananda vs State Of Odisha & Others
2023 Latest Caselaw 1549 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLMC No. 832 of 2023

            Gahal Mahananda                         ....              Petitioner
                                              Mr. Gokulananda Sahu, Advocate


                                           -Versus-


            State of Odisha & Others                   ....       Opposite Parties
                                                        Mr. S.S.Mohapatra, ASC


                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK

                                          ORDER

20.02.2023s Order No.

02. 1. Heard Mr. Sahu, learned counsel for the petitioner.

2. Notice to the opposite parties.

3. Mr. Mohapatra, learned counsel for the State accepts notice for opposite party Nos. 1 to 3.

4. Issue notice to the opposite party No. 4 by registered post with A.D. making it returnable at an early date and for the said purpose, requisites shall be filed by the learned counsel for the petitioner within a week from today.

5. List on 15th March, 2023 for appearance of opposite party No. 4 and response of the State.

(R.K.Pattanaik) Judge

I.A. No. 583 of 2023

1. Learned counsel for the petitioner submits that the alleged construction of the house has been raised over the land in question by the petitioner and he is an occupation of the same since last 40 years which is also confirmed by the report of the R.I. as at Annexure-6. It is submitted that the land was allotted to the petitioner under the PMAY Scheme and ever since then by constructing the house over the same, he has been in possession which is likely to be demolished in view of the learned Sessions court's order in Criminal Revision No.04 of 2014 of 2022 and therefore, until the appearance of opposite party No.2 and response of the State received, an interim order may be passed.

2. Considering the nature of dispute and the fact that the proceeding is under Section 133 Cr.P.C., this Court as an interim measure directs that the impugned judgment in Criminal Revision No.04 of 2014 of 2022 passed by the learned Additional Sessions Judge, Bargarh shall not be given effect to till the next date.

3. List on the date fixed.

4. A certified copy of this order be issued as per rules.

(R.K.Pattanaik) Judge kabita