Orissa High Court

Pruthiraj Bhoi & Others vs State Of Odisha & Others on 13 May, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                R.S.A. No.286 of 2022
                      Pruthiraj Bhoi & others                         ......        Appellants
                                                                                Represented by
                                                                        Mr. J.R.Dash, Advocate
                                                           `
                      State of Odisha & others                          ....           Respondents
                                                                                    Represented by
                                                                               Mr. A.R.Dash, AGA

                                CORAM:
                                      JUSTICE SASHIKANTA MISHRA
                                                      ORDER

13.05.2025 Order No. 1. This matter is taken up through hybrid mode.

05.

2. Heard Mr. J.R. Dash, learned counsel for the appellants.

3. Perused the impugned judgments.

4. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial question of law.

"Whether learned courts below are justified in non-suiting the appellant/plaintiff, when he excavated the suit tank by his own money and labour and maintained it for more than sixty years and State has admitted same vide Ext.1 whereby he also acquired right of user ?"

5. Issue notice.

6. Let two copies of the brief be served on the learned counsel for the State appearing for Respondent Nos.1 & 2. Notice be issued to Respondent Nos.3 to 11 by registered Post with A.D. making it returnable within four weeks. Requisites be filed within a week.

7. Call for the L.C.R.

8. List this matter in the month of September, 2025.

Designation: AR-CUM-SENIOR SECRETARY

(Sashikanta Mishra) Date: 14-May-2025 16:43:47 Judge Manoj