Orissa High Court
Bijaya Kumar Behera And Others vs State Of Odisha And Others .... Opp. ... on 2 August, 2023
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.10466 OF 2023
Bijaya Kumar Behera and others .... Petitioners
Mr. Sourav Suman Bhuyan, Advocate
on behalf of Mr. Bebekanda Bhuyan, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Ajodhya Ranjan Dash,
Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 02.08.2023 2. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition prays for a direction to the Sub-Registrar, Kujanga -Opposite Party No.4 to dispose of Misc. Case No.15 of 2022 pending before him.
3. Mr. Bhuyan, learned counsel for the petitioners submits that the consolidation authority has categorically held that the Petitioner has got right, title and interest over the case land. A civil suit in CS No.152 of 2014 is also pending in the Court of learned Civil Judge (Senior Division), Kujanga in respect of the case land and an order of status-quo is operating. In spite of the same, the Opposite Party Nos. 4 and 5 taking advantage of the order passed by the appellate authority under the OCH and DFL Act, 1972 are alienating the property. They also contemplate to make further alienation of the case land. In view of the above, the Petitioner filed an application in Misc. Case No.15 of 2022 before the Sub-Registrar, Kujanga, Opposite party No.4 with a Page 1 of 2 // 2 // prayer not to register any sale deed in respect of the case land. Although, there is no legal impediment for disposal of such application, the Sub-Registrar is sitting over the matter. Hence, this writ petition has been filed.
4. Mr. Dash, learned Additional government Advocate submits that he has not received any instruction in the matter as yet. However, a direction may be made for disposal of Misc. Case No.15 of 2022 in accordance with law, if the same is still pending.
5. Taking into consideration the submission made by learned counsel for the parties, this Court without expressing any opinion on the merits of the case of the Petitioner in Misc. Case No.15 of 2022 directs learned sub-Registrar, Kujanga-Opposite Party No.4 to dispose of the said Misc. Case as expeditiously as possible preferably within a period of one month from the date of production of the certified copy of this order and communicate the result thereof to the Petitioner forthwith.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge Rojalin Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Aug-2023 13:22:34 Page 2 of 2