Amulya Chandra Mohapatra vs State Of Odisha And Others .... Opposite ...
2025 Latest Caselaw 3848 Ori

Orissa High Court

Amulya Chandra Mohapatra vs State Of Odisha And Others .... Opposite ... on 11 February, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLMC No.451 of 2025
                 Amulya Chandra Mohapatra          ....              Petitioner(s)
                                                      Mr. A. Pattanaik, Advocate
                                           -versus-

             State of Odisha and others            ....          Opposite Party(s)
                                                        Mr. S. J. Mohanty, ASC

                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                         ORDER

Order No.                               11.02.2025
 01.        1.        Heard.

2. The petitioner is aggrieved by the order dated 13.01.2025

passed by the learned Executive Magistrate, O/o Sub-Collector,

Khordha in Misc. Case No.09 of 2025, whereby he has been

summoned to appear and show cause to the motion initiated by the

opposite party No.3 under Section 163 BNSS, 2023.

3. Learned counsel for the petitioner submits that the learned

Senior Civil Judge, Khordha vide its judgment dated 28.02.2024

has already decreed partition suit and craved out his share to be

50% of the entire assets. Therefore, the initiation of the proceeding

by the opposite party No.3 under Section 163 of BNSS, 2023 is

motivated on the face of the decree.

4. I am not inclined to entertain this petition at this stage

because the learned Executive Magistrate has only issued show

cause notice to the petitioner. The petitioner is entitled to urge all

the points as has been urged in this petition before the learned

Executive Magistrate by filing reply. If such reply is filed along

with the documents, the learned Magistrate is expected to deal with

the same in accordance with law.

5. With this observation, the CRLMC is disposed of.

(S.S. Mishra) Judge Swarna

Designation: Senior Stenographer

Location: High Court of Orissa Date: 12-Feb-2025 20:03:32