Ramesh Chandra Roul & Others vs Kanduri Charan Behera & Others
2023 Latest Caselaw 8175 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  WA No.268 of 2020


     Ramesh Chandra Roul & others    .........                 Appellants
                                               Mr. Debasis Tripathy, Advocate

                                    -Versus-

     Kanduri Charan Behera & others .........                   Respondents
                                                       Mr. Debakanta Mohanty,
                                                      Addl. Government Advocate

                                    CORAM:

                                    JUSTICE S. TALAPATRA
                                    JUSTICE SAVITRI RATHO


                                          ORDER

28.07.2023 Order No.

06. 1. This matter is taken up through Hybrid Mode.

2. It has been stated by Mr. Debasis Tripathy, learned counsel

appearing for the appellants that the defects as identified by the

Registry has been removed by submitting the certified copy of the

judgment in the Registry and filing the date chart and note of

submission in the proceeding today.

3. Heard Mr. Debasis Tripathy, learned counsel appearing for

the appellants.

4. By means of this intra-court appeal, the judgment dated

29.04.2020 delivered in O.J.C. No.5060 of 1997 has been challenged.

5. Mr. Tripathy, learned counsel has submitted that the ground

raised on the basis of Section-3 of the Communal Forest & Private

Lands (Prohibition of Alienation) Act, 1948 has not been answered by

the learned Single Judge. Section-3 of the said Act clearly prohibits

any transfer after 05.02.1948 of any land which is covered by Section-

2(1)(a) & (b) of the said Act.

6. Be that as it may, we find the appeal requires to be heard on

merit.

7. Admit.

8. Issue notice.

9. Notice is made returnable on 04.09.2023.

10. Call for the records, either scanned or photocopies.

11. The appellants shall take steps for service of notice on the

respondents No.1 to 41 by Registered Post with A.D. within three

days from today.

12. Since Mr. Debakanta Mohanty, learned Addl. Government

Advocate appears and waives notice for the proforma-respondents, no

formal notice is required to be issued.

(S. Talapatra) Judge

(Savitri Ratho) Judge

I.A. No.453 of 2020

07. 1. Heard Mr. Debasis Tripathy, learned counsel appearing for

the appellants.

2. This is an application for stay of operation of the judgment

dated 29.04.2020 delivered in O.J.C. No.5060 of 1997 as challenged

in W.A. No.268 of 2020.

3. Issue notice.

4. Notice is made returnable on 04.09.2023.

5. The appellants shall take steps for service of notice on the

respondents No.1 to 41 by Registered Post with A.D. within three

days from today.

6. Since Mr. Debakanta Mohanty, learned Addl. Government

Advocate appears and waives notice for the proforma-respondents, no

formal notice is required to be issued.

(S. Talapatra) Judge

(Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. I/C Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 31-Jul-2023 19:19:35