Shreehari Paramanik And vs State Of Odisha And Others
2024 Latest Caselaw 13158 Ori

Orissa High Court

Shreehari Paramanik And vs State Of Odisha And Others on 13 August, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                         RSA No. 43 of 2020
                             Shreehari Paramanik and                  ....                    Appellants
                             Others
                                                                                     Represented by
                                                                             Mr. S. Mishra, advocate
                                                                 -Versus -
                             State of Odisha and Others                ....                Respondent

Represented by Addl. Government Advocate

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 13.08.2024 Order No. 1. This matter is taken up through hybrid mode.

3.

2. In course of hearing and on perusal of the impugned judgments, this Court is of the view that the following substantial question of law is required to be framed for better adjudication of the lis:-

i. Whether the Courts below were justified in not declaring the plaintiff as an occupancy tenant/lessor in respect of the suit land in view of the fact that he was granted amalnama patta on 14.01.1942 for agricultural purposes which he continue to possesses on payment of rent till vesting and also thereafter and as such, he acquired the right to be recognized as deemed tenant under the State as per Section 8 (1) of OEA Act."

3. Heard in part.

4. List this matter in the week commencing 9th September, 2024.

Signed by: BHIGAL CHANDRA TUDU Designation: Senior Stenographer (Sashikanta Mishra) Reason: Authentication B.C.Orissa Location: Tudu High Court, Cuttack Judge Date: 17-Aug-2024 11:51:10