Orissa High Court
Kiamani @ Kismani Madhei vs The Collector on 5 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.31585 of 2023
Kiamani @ Kismani Madhei .... Petitioner
Mr. A. Mishra, Advocate
-Versus-
The Collector, Mayurbhanj at Baripada .... Opposite Parties
and Others
Mr. P.K. Rout, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
05.10.2023
Order No.
01. 1. Heard Mr. Mishra, learned counsel for the petitioner and
Mr. Rout, learned AGA for the State opposite parties.
2. Instant writ petition is filed by the petitioner challenging the
impugned notice under Annexure-2 issued in connection
Encroachment Case No.240 of 2023 and for a direction to the
opposite parties to mutate the land in respect of Plot Nos.2225 and
2235 situate under Khata No.655 of the concerned Mouza in view
of the judgment and decree in a civil suit.
3. Mr. Rout, learned AGA for the State opposite parties
submits that since the notice in Form 'Kha' under Annexure-2 has
been issued, the petitioner should instead knock the doors of the
appellate forum raising all such ground with the plea available to
him for a decision according to law.
4. It is fairly admitted by Mr. Mishra, learned counsel for the
petitioner that notice in Form 'Kha' was issued and thereafter,
Annexure-2 followed should which is without considering the
judgment and decree in T.S. No.46 of 2003, a copy of which as at
Annexure-1. It is claimed that there has been no appeal from the
side of the State against the decision in the suit. It is also claimed
that mutation is pending in respect of the schedule plots before
opposite party No.3 in connection with MC No.112 of 2016.
5. Having regard to the above facts and considering the
submissions of the learned counsel for the respective parties since in
the meantime, notice in Form 'Kha' under Annexure-2 has been
issued, the Court is not inclined to interfere with it but is of the view
that liberty should be granted to the petitioner by approach the
Appellate Authority challenging such action raising all such plea and
ground referring to the decree i.e. Annexure-1 which would serve
the purpose and meet the ends of justice.
6. Hence, it is ordered.
7. In the result, the writ petition stands disposed of with the
liberty allowed in favour of the petitioner to approach the
Appellate Authority and in the event, any such appeal is filed within
a fortnight from today, the same shall be entertained as per and in
accordance with law and disposed of providing an opportunity of
hearing to him preferably within next four weeks and till such time,
the appeal is presented, there shall be status quo maintained in
respect of the schedule plots.
8. Urgent copy of this order be issued as per rules.
(R.K. Pattanaik)
Judge
Tudu
Signature Not Verified
Digitally Signed
Signed by: THAKURDAS TUDU
Designation: Sr. Stenographer
Reason: Authentication
Location: OHC,CTC
Date: 06-Oct-2023 19:52:13
