High CourtsSingle Bench(2021) 12 OHC CK 0055

Biranchi Narayan Mohapatra And Another vs Debaki Malik And Another

Orissa High Court · Decided on 10 December 2021

HON’BLE JUDGES
B.P. Routray, J
RESULT
Disposed Of
CASE NUMBER
RSA No.219 Of 2019

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Judgment

15 paragraphs · 212 words

B. P. Routray, J

I.A. No.333 of 2021

1.

Heard Mr. P.K. Rath-1, learned counsel for the Appellant - Petitioner.

2.

In the present I.A. it is prayed to direct that pendency of the present appeal shall not be a bar for proceeding by the Tahasildar in the encroachment case against the defendants - Respondents.

3.

This court by order dated 27th May, 2020 has directed to maintain status quo in respect of the disputed land.

4.

Since the land in question is admittedly a Government land, no right is accrued in favour of the Appellant to pursue the encroachment proceeding on behalf of the Tahasildar. Accordingly the prayer is rejected.

5.

The I.A. is dismissed.

I.A. No.545 of 2019

6.

In view of the office note the notice on Respondent Nos.1 and 2 is treated sufficient.

7.

In view of the stamp reporting that there is no delay, the I.A. is disposed of.

RSA No.219 of 2019

8.

In view of sufficiency of service of notice in I.A. No.545 of 2019, no further notice is required to be issued to the Respondents.

9.

List this matter for hearing under Order XLI, Rule-11, C.P.C. on 21st January, 2022.

10.

An urgent certified copy of this order be issued as per rules.

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