Jubeda Adamji Marfani & Others vs Executive Magistrate
2024 Latest Caselaw 12609 Ori

Orissa High Court

Jubeda Adamji Marfani & Others vs Executive Magistrate on 1 August, 2024

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    CRLREV No.194 of 2024
             Jubeda Adamji Marfani & others               ....           Petitioner
                                                                       Petitioners
                                                           Mr. A.Mishra, Advocate

                                            -Versus-
             Executive Magistrate, Sub-Collector    ....         Opposite party
                                                                         part
             Officer, Bhawanipatna, Kalahandi &
             another
                                   Ms. Sumitra Mohanty, Advocate for O.P.No.2

                        CORAM:
                        MR. JUSTICE R.K. PATTANAIK
                                           ORDER

01.08.2024 Order No.

01. 1. This matter is taken up through virtual mode.

2. Heard learned counsel for the petitioners.

petitioner

3. Instant revision petition is filed by the petitioners challenging the impugned judgment dated 13th February, 2024 passed in Criminal Revision No. 17 of 2023 by learned District & Sessions Judge, Kalahandi on the ground grounds stated therein.

4. By order under Annexure Annexure-8, the revisional court has set aside mutation allowed in Mutation Case No. 3448 of 2018 by order dated 12th December, 2018 for the reasons assigned with a direction to the parties to approach the competent civil ivil court to resolve the dispute.

5. Mr. Mishra, llearned earned counsel for the petitioner submits that the mutation in favour of petitioner No.1 stands confirmed in

2020, however, the same has been set aside by the revisional court vide Annexure Annexure-8 8 while entertaining a matter corresponding to a proceeding under Section 145 Cr.P.C. hence, therefore, the same is not legally tenable.

6. Ms. Mohanty, learned counsel for opposite party No.2 appears and justifies the impugned order under Annexure Annexure-8.

7. To consider and appreciate the rival contentions, the Court is of the view that opposite party No.2 should be provided an opportunity to respond and for the said purpose, Mr. Mishra, learned counsel for the petitioners is directed to serve a copy of the revision vision petition with all annexures by tomorrow.

8. List on 29th August, 2024 for final hearing and orders under the heading of 'Fresh Admission'.

(R.K. Pattanaik) Judge

02. 1. Heard Mr. Mishra, learned counsel for the petitioners and Ms. Mohanty, learned counsel for opposite party No.2

2. Instant I.A. is filed to stay the operation of impugned judgment under Annexure-8 Annexure on the grounds stated.

3. Considering the submissions of the learned counsel for the respective parties,, till the time, the response of opposite party No.2 is received, this Court, as an interim measure measure, directs that there shall be status quo maintained vis-à-vis vis the subject matter in dispute till the next date.

4. A certified rtified copy of this order be issued as per rules.

Kabita

Judge