Orissa High Court

Kalia Sahu vs Tahasildar -Cum-Executive ..... ... on 3 July, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLMC No.1648 of 2025
            Kalia Sahu                .....          Petitioner
                                                               Represented By Adv. -
                                                               Surendra Kumar Gartia

                                            -versus-
            Tahasildar -cum-executive                  .....        Opposite Parties
            Magistrate, Subarnapur and
            others
                                                                Represented By Adv. -
                                                                Ms. B.Sahu, A.G.A.

                                  CORAM:
                    THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                MOHAPATRA

                                                ORDER

Order No.                                      03.07.2025


    01.        1.     This matter is taken up through Hybrid Arrangement
               (Virtual /Physical Mode).

2. Heard learned counsel for the petitioner as well as learned counsel for the State for the Opposite Party Nos.1 & 2. Perused the application as well as documents annexed thereto.

3. The present application has been filed with a following prayer-

It is therefore most humbly prayed that this Hon'ble Court may be graciously pleased to direct the 0pp. Parties to not recur the proceeding U/s. 126 of BNSS 2023 i.e. Section 107 corresponding provision of Cr.P.C. keeping in view of the judgment in Civil suit (ANNEXURE-3) and further direct the local police to restrain the 0pp. Parties No. 3 to 14 from interfering with the peaceful possession of the

petitioner over the Plot No. 593 Khata No.56 under ANNEXURE-1 .

And/or pass any other order(s)/direction(s) as would deem just and proper by this Hon'ble Court.

4. Learned counsel for the petitioner at the outset contended that despite a civil court decree in favour of the petitioner in respect of the suit land the present proceeding is being initiated at the instance of the private Opposite Parties under Section 126 of the B.N.S.S. Challenging such initiation of the proceeding the petitioner has approached this Court by filing the present application. Learned counsel for the petitioner in course of his argument referred to the judgment of the civil court dated 29.08.2023 passed in Civil Suit No.18 of 2022 by the Senior Civil Judge, Sonepur.

5. Considering the submissions made by the learned counsel appearing for the petitioner, this Court deems it proper to dispose of the application at the stage of admission by granting liberty to the petitioner to appear before the Executive Magistrate in C.M.C. No.82 of 2024 along with a copy of today's order. In such eventuality, the learned Executive Magistrate shall consider the matter and after providing opportunity to both sides make every endeavour to dispose of the proceeding as expeditiously as possible preferably within a period of six weeks from the date of communication of a copy of today's order. While considering the case of the petitioner the learned Magistrate shall also take into consideration the judgment under Annexure-3 to the application.

6. With the aforesaid observations and directions, the CRLMC stands disposed of.

( A.K. Mohapatra)

Judge Rubi