(Through Hybrid Mode) vs State Of Odisha And Others
2023 Latest Caselaw 4789 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            WP(C) No.12531 of 2023

                             (Through Hybrid mode)
            Rajendra Kumar Mohapatra and    ....           Petitioners
            others
                                     Mr. Manoj Kumar Pati, Advocate

                                         -Versus-
            State of Odisha and others              ....    Opposite Parties

                                   Mr. A. K. Nanda, Addl. Govt. Advocate

                     CORAM:

                    JUSTICE ARINDAM SINHA
                    JUSTICE SANJAY KUMAR MISHRA
                                      ORDER

01.05.2023 Order No.

01. 1. Mr. Pati, learned advocate appears on behalf of petitioners and submits, there has been illegal settlement of land under Bebandobasta Case no.102 of 2017 by the Tahsildar on order dated 29th August, 2022. It was done without proper enquiry. Further illegality was, case record appertaining to Bebandobasta Khata no.164 was also sent for correction. His clients have prayed for interference so that rightful recorded tenants can have settlement in respect of the land under Bebandobasta holding no.164 in Kirasasan Mouza.

2. On query from Court Mr. Pati submits, by order dated 9th September, 2022 of the Tahasildar, made after confirmation of earlier order of settlement, several persons, who are not entitled, have been directed to be noticed for their depositing the salami and back rents.

3. Prima facie, it appears that there is dispute between parties claiming settlement. As such they should be relegated to the civil Court. Persons, who have been noticed for settlement have not been made parties to the writ petition.

4. Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State and prays for adjournment to submit, in event there is relegation to the civil Court, petitioners cannot have any protection in the meantime. He prays for adjournment to rely on judgment of the Supreme Court in this regard. He submits further, petitioners have disclosed the circular themselves, which provides for adequate alternative and efficacious remedy of appeal.

5. List on 3rd May, 2023 along with WP(C) no.12532 of 2023.

(Arindam Sinha) Judge

(S.K. Mishra) Judge RKS

RANJAN Digitally by RANJAN signed

KUMAR KUMAR Date:

SETHI

SETHI 2023.05.01 17:40:43 +05'30'