Orissa High Court
Pathuni Rout And Another vs Legal Services Authority District on 19 February, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.16539 of 2024
Pathuni Rout and another .... Petitioners
Mr. Kishore Kumar Mishra, Advocate
-versus-
Legal Services Authority District, .... Opposite Parties
Bhubaneswar and others
Mr. Dayananda Mohapatra, Senior Advocate
along with Mr. M.R. Pradhan, Advocate for
Opposite Party Nos.5,7, 8, 9, 11 and 12
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
08. 19.02.2025
W.P.(C) No.16539 of 2024 & I.A. No.1001 of 2025
This matter is taken up through Hybrid Mode.
2. Challenging the judgment and decree dated 09.12.2023
passed in C.S. No.1227 of 2023 by the learned Civil Judge, Senior
Division, Bhubaneswar, the Petitioner has approached this Court by
way of filing this writ petition invoking provision under Articles
226 & 227 of the Constitution of India with the following
prayer(s):-
"In the aforesaid circumstances, the petitioners humbly
prays that this Hon'ble Court may graciously be pleased
to issue notice to the Opp. Parties and after hearing the
impugned judgment and decree dtd.09.12.2023 be
quashed and direct the court below to hear the suit filed
by Opp. Party No.2 vide C.S. No.1227 of 2023 to decide
the same afresh and after giving opportunity of hearing
to the petitioners.
And/or pass such other order/orders,
direction/directions as this Hon'ble Court deems just,
fit, equitable and proper in the facts and circumstances
of the present case;
And for this act of kindness, the petitioner shall as in
duty bound ever pray."
3. Sri Kishore Kumar Mishra, Learned counsel appearing for
the Petitioner submitted that without impleading the Petitioner as
party to the proceeding in the suit, the aforesaid judgment and
decree has been passed in favour of the Opposite Parties.
3.1. During pendency of this writ petition, this Court vide order
dated 10.07.2024 while issuing notice to the Opposite Parties
passed an interim order, which has been extended from time to time
by this Court. The said interim order dated 10.07.2024 is extracted
hereunder:-
"2. As an interim measure, it is directed that no third
party interest shall be created by the Opposite Parties in
respect of the schedule B land under Annexure-1, till the
next date of listing of the case."
3.2. He further contended that the Opposite Party No.8
notwithstanding such interim order being passed in the writ petition,
on the basis of the corrected RoR in his favour appertaining to
Khata No.296 of Mouza-Gandarpur, P.S. New Capital No-8, Plot
No.921 measuring an area Acre 0.130 decimal, is attempting to
transfer the said property in favour of outsider. Therefore, he seeks
a direction to all concerned to give weight to such interim order
passed by this Court.
4. Sri Dayananda Mohapatra, Learned Senior Advocate
appearing for Opposite Party Nos.5, 7, 8, 9, 11 and 12 submitted
that the District Sub-Registrar, Bhubaneswar being not made party
in the writ petition, no order of restrainment can be issued against
him in the present I.A.
5. Considered the submissions as advanced by learned counsel
for both the sides, it is deemed that the Opposite Party No.8 has
knowledge about the interim order dated 10.07.2024 and extensions
granted thereof by this Court on subsequent dates. Therefore, it is
considered appropriate to reiterate that the Opposite Parties are
bound to act upon the interim order passed on 10.07.2024 and
extensions granted thereof. It is made clear that in the event, there is
change of Khata qua Schedule B land under Annexure-1, the same
shall abide by the interim order passed in the present case as
specified hereinabove.
6. List this matter on 19.03.2025.
(M.S. Raman)
Judge
Laxmikant
Signed by: LAXMIKANT MOHAPATRA
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-Feb-2025 17:29:03
