Reddy Venkata Ramana vs Collector
2023 Latest Caselaw 5542 Ori

           THE HIGH COURT OF ORISSA AT CUTTACK

                          W.P.(C). NO.13071 OF 2023

        Reddy Venkata Ramana                      ....         Petitioner(s)
                                                         Mr.B.P.Das, Adv.
                                       -versus-

        Collector, Rayagada & Ors.                ....      Opposite Parties
                                                        Mr.U.K.Sahoo, ASC.
                     CORAM:
                       JUSTICE BISWANATH RATH

                                      ORDER

Order                                09.05.2023
No.2

1. Certified copy of Annexure-6 filed in Court today be kept on record.

2. Heard learned counsel appearing for the parties.

3. This case is taken up at the admission stage. This Court in disposal of 15(b) proceeding under the Orissa Survey and Settlement Act, 1958 has already come to observe that the controversies between the private parties cannot be the subject matter in Section 15(b) of the Orissa Survey and Settlement Act, 1958. However, in course of submission Mr.Das, learned counsel for the petitioner, this Court finds there is a controversy involving the right, title and interest of the parties in S.R.P.Case No.03 of 2022. For the position of law already settled by this Court observing authority in exercise has no jurisdiction to get into controversies between the parties. This Court thus while declining to interfere with the order at Annexue-6 and consequential development, if any, however observes, it may be open to the petitioner to approach common law forum. Outcome vide Annexure-6 shall ultimately be abided by the judgment in the civil proceeding.

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4. Petitioner since apprehends that there may be further transaction involving the disputed property taking advantage of Section 15(b) order, this Court observes till interim application at the instance of the present petitioner is considered by the Civil Court and a decision is taken, parties herein shall maintain status quo as on date in respect of the disputed property.

5. With this observation and direction, the writ petition stands disposed of.

(Biswanath Rath) Judge sks

SUSIL KUMAR Digitally signed by SUSIL KUMAR SWAIN SWAIN Date: 2023.05.10 17:58:59 +05'30'