Rajendra Sahoo vs State Of Odisha & Others
2023 Latest Caselaw 7226 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C) No.20526 of 2023

            Rajendra Sahoo                            ....               Petitioner
                                                      Mr. K.K. Mishra, Advocate

                                           -Versus-

            State of Odisha & Others                   ....         Opposite Parties

                                                              Mr. YSP Babu, AGA

                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK


                                           ORDER

04.07.2023 Order No.

01. 1. Heard learned counsel for the petitioner.

2. Instant writ petition is filed by the petitioner challenging the impugned orders under Annexures-9 and 10 dated 21st October, 2021 and 12th April, 2023 passed by opposite party Nos. 2 and 3 respectively on the grounds stated therein.

3. It is submitted by Mr. Mishra, learned counsel for the petitioner that opposite party Nos. 2 and 3 have not complied with the direction of this Court in OJC No. 1827 of 1989 in letter and spirit, which was followed by the judgment of the civil court under Annexure-7. It is further submitted that opposite party Nos. 2 and 3 repeated the mistake and did not consider the claim of the petitioner in proper perspective and hence, the impugned orders under Annexures-9 and 10 are bad in law.

4. To consider application and the contention of the petitioner, the Court is of the view that the response of the opposite parties and in particular, opposite party Nos. 2 and 3 is necessary.

5. In view of the above, notice to the opposite parties.

6. Mr. Babu, learned AGA for the State accepts notice for the opposite parties and he is directed to obtain instruction and if necessary, to file the counter before the next date.

7. List on 4th August, 2023.

(R.K. Pattanaik) Judge

I.A. No. 9744 of 2023

02. 1. Instant petition is filed by the petitioner for appropriate orders.

2. Considering the facts of the case and submission of Mr. Mishra, learned counsel for the petitioner, this court as an interim measure stays the operation of the impugned orders under Annexures-9 & 10 passed by opposite party Nos. 2 and 3 respectively till the next date.

3. It is further directed that in the meantime, there shall be status quo maintained in respect of the schedule land.

4. List on the date fixed.

                                                                          (R.K. Pattanaik)
                      Balaram                                                    Judge




Signature Not Verified
Digitally Signed
Signed by: BALARAM BEHERA

Designation: Senior Stenographer Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 06-Jul-2023 10:50:48