Orissa High Court

Nirasi Munda And Others vs Sunil Kumar Panda And on 1 May, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              R.S.A. No.83 of 2023

       Nirasi Munda and others               .....               Appellants

                                                       Represented by
                                                       Mr. D.R.Bhokta, Advocate

                                      -versus-
       Sunil Kumar Panda and                 .....              Respondents
       others

                                                      Represented by
                                                      Mr.G.K.Behera, Advocate
                                                      for Respondent No.1.

                                     CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                       ORDER

01.5.2025.

Order No.

05. 1. This matter is taken up through hybrid mode.

2. Heard Mr. D. R.Bhokta, learned counsel for the appellant on the question of admission. Perused the judgments passed by the lower appellate Court as well as the trial Court.

3. Considering the submissions and the grounds raised, the RSA is admitted on the following substantial question of law;

(i) Whether the finding of the First Appellate Court that the schedule land is a

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fragment is perverse being beyond pleadings and evidence on record?

(ii) Whether the finding of the appellate Court regarding applicability of the provisions under Sections 34 and 35 and 51 of the OCH and PFL Act are correct?

(iii) Whether the execution of sale deed by Bhanja Munda in favour of Defendant No.1 in respect of Schedule-A land after publication of Notification under Section 41 of the OCH and PFL Act is void?

4. L.C.R. be called for.

5. No notice need be issued to Respondents as they have already entered appeared through their counsel. Let a copy of the appeal memo be served upon learned counsel appearing for Respondents within three working days.

6. List this matter in the week commencing 8.9.2025.




                                                     (Sashikanta Mishra)
AKB                                                       Judge





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06. 1. Status quo regard to the suit property shall be maintained till the next date.

2. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge

Designation: A.D.R.-cum-Addl. Principal Secretary

Location: High Court of Orissa, Cuttack