Prahallad Sahoo vs Rajkishore Sahoo And Others .... ...
2024 Latest Caselaw 16273 Ori

Orissa High Court

Prahallad Sahoo vs Rajkishore Sahoo And Others .... ... on 5 November, 2024

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.P.(C) No.26985 of 2024
            Prahallad Sahoo                             ....                 Petitioner
                                                             Mr. S. Swain, Advocate

                                            -Versus-

            Rajkishore Sahoo and others                 ....        Opposite parties
                                                           Mr. P.K. Mohanty, ASC

                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK

                                           ORDER

05.11..2024 Order No.

01. 1. Heard learned counsel for the petitioner.

2. Instant writ petition is filed by the petitioner challenging the impugned order passed in RC No.224 of 2022 by learned Additional Commissioner, Settlement & Consolidation, Kendrapara on the grounds stated.

3. Referring to the decree in suit in C.S. No.287 of 2017 and objection as at Annexure-7, learned counsel for the petitioner submits that though the suit was dismissed filed by opposite party Nos.1 and 2, it was not duly taken cognizance of while disposing of RC No.224 of 2022, it is claimed that revision was instead allowed in favour of opposite party Nos.1 and 2 despite dismissal of the suit by an ex-parte Judgment dated 23rd November, 2021.

4. Considering the plea of the petitioner and grounds stated in the writ petition, the Court is inclined to issue notice to the opposite parties for a response.

5. Notice.

6. Mr. Mohanty, learned counsel for the State accepts notice for opposite party Nos.4 and 5. Notices to opposite party Nos.1 and 2 by Registered Post with AD making it returnable at an early date and for the said purpose, requisites shall be filed by learned counsel for the petitioner within next seven days. Notice vis-à-vis opposite party No.3 is dispensed with since no relief is claimed against her.

7. List on 10th December, 2024 for orders.

(R.K. Pattanaik) Judge

1. Heard learned counsel for the petitioner.

2. Instant petition is filed by the petitioner for staying operation of the impugned order under Annexure-1 for the reason stated.

3. Considering the facts narrated above and submission of learned counsel for the petitioner, this Court, as an interim measure, directs that there shall be stay of operation of the impugned order under Annexure-1 till the next date.

4. Awaiting response of the opposite parties, list on the date fixed for further order.

5. Urgent certified copy of this order be issued as per rules.

Digitally Signed                                                                      Judge

Designation: Junior Stenographer
Reason: Authentication
                 Rojina
Location: OHC, CTC
Date: 06-Nov-2024 11:58:34