Sahadev Rout vs Director Of Estate
2023 Latest Caselaw 12880 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.A. No. 2551 of 2023

Sahadev Rout                            .....                              Appellant
                                                             Ms. P.S. Mohanty, Adv.
                                        Vs.
Director of Estate, Odisha,             .....                  Respondents
Bhubaneswar and others                                Mr. A.R. Dash, AGA
               CORAM:
                      ACTING CHIEF JUSTICE DR. B.R. SARANGI
                      MR. JUSTICE MURAHARI SRI RAMAN

                                           ORDER

17.10.2023 Order No. This matter is taken up by hybrid mode.

01.

2. Heard Ms. P.S. Mohanty, learned counsel appearing for the appellant and Mr. A.R. Dash, learned Addl. Government Advocate for the respondents.

3. The appellant has filed this writ appeal challenging the judgment/order dated 25.09.2023 passed in W.P.(C) No.14871 of 2022 under Annexure-11, by which the learned Single Judge dismissed the writ petition stating inter alia that since SLP Diary No.17130 of 2022, arising out of final order passed in W.P.(C) No.6509 of 2008 disposed of on 09.02.2022 by this Court, is pending before the apex Court and the possession being unauthorized, the authority is well justified in passing the order of eviction.

4. Ms. P.S. Mohanty, learned counsel appearing for the appellant contended that during pendency of the writ petition, the said SLP has already been dismissed by the apex Court, vide order dated 29.08.2022. Therefore, the finding arrived at by the learned Single Judge is not correct.

5. Mr. A.R. Dash, learned Addl. Government Advocate for the respondents contended that by the time the judgment was passed by this Court on 25.09.2023, the appellant had not

brought to the notice of the Court that the SLP was dismissed. Therefore, the learned Single Judge is well justified in holding that due to pendency of SLP and, as such, since possession was unauthorized, the authority was well justified in passing the order of eviction.

6. Ms. P.S. Mohanty, learned counsel appearing for the appellant brings to the notice of this Court that the SLP, which was pending before the Supreme Court, has been dismissed on 29.08.2022. But fact remains, the judgment was passed by the learned Single Judge on 25.09.2023 and none of the counsel brought to the notice of the Court with regard to disposal of SLP. As such, a civil suit is pending between the parties before the appropriate forum.

7. In the above view of the matter, we are not inclined to interfere with the judgment and order dated 25.09.2023 passed by the learned Single Judge in W.P.(C) No.14871 of 2022. However, liberty is granted to the appellant to pursue his remedy before the appropriate forum in accordance with law.

8. With the aforesaid liberty, the writ appeal stands disposed of.

                 Ashok                                          (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: 18-Oct-2023 16:15:13