Suratha Bariha vs State Of Odisha And Others
2023 Latest Caselaw 12048 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.A. No. 1169 of 2022

Suratha Bariha                          .....                             Appellant
                                               Mr. G. Mishra, Sr. Adv. along with
                                                           Mr. R. Agarwal, Adv.
                                        Vs.
State of Odisha and others              .....                        Respondents
                                                         Mr. D.K. Mohanty, AGA
              CORAM:
                  ACTING CHIEF JUSTICE DR. B.R. SARANGI
                  MR. JUSTICE MURAHARI SRI RAMAN

                                           ORDER

05.10.2023 Order No. This matter is taken up by hybrid mode.

05.

2. Mr. G. Mishra, learned Senior Counsel appearing along with Mr. R. Agarwal, learned counsel for the appellant relied upon certain judgments, which have been filed by way of memo in Court today after serving copies thereof on Mr. D.K. Mohanty, learned Addl. Government Advocate appearing for the State-opposite parties, who wants to examine the applicability of the said judgments to the present case so as to assist the Court for disposal of the matter.

3. Mr. G. Mishra, learned Senior Counsel appearing along with Mr. R. Agarwal, learned counsel for the appellant contended that this matter is covered by the judgment of this Court in the case of Srimati Madanbati Lath v. S.D.O. and others, 1991 (I) OLR 46, as because the land in question has been converted to homestead land. This question has already been answered in the aforesaid judgment, but the learned Single Judge has not applied its mind in proper perspective. Therefore, this writ appeal should be disposed of in terms of the aforesaid judgment.

4. Mr. D.K. Mohanty, learned Addl. Government Advocate appearing for the State-opposite parties seeks time to examine

the aforesaid judgment by the next date.

5. List this matter after one week.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE

Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA Date: 06-Oct-2023 16:38:43