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Judgment
The present Appellant had approached the learned Single Judge aggrieved by the orders passed by the Estate Officer on 21st October, 2022 in OPP Case No.6/2018(L) under Section 5(1) of the Orissa Public Premises (Eviction of Unauthorized Occupants) Act, 1972 and the subsequent order dated 7th December, 2022 passed by the Director of Estates rejecting OPP Appeal Case No.61/2022(L).
The learned Single Judge has noted that during the pendency of the proceedings under the OPP Act, the Appellant had instituted C.S. No.41 of 2018 in the Court of the Civil Judge Senior Division, Bhubaneswar seeking declaration of his title in respect of the property in question. In the said suit, he had also filed I.A. No.1 of 2018. Initially, a status quo order was passed on 1st August, 2022 by the learned Civil Judge Senior Division which later stood vacated. Apparently, the Appellant had filed a subsequent application for recall of that order. Mr. Ranjan Kumar Rout, learned counsel appearing for the Appellant informs the Court that the said order dated 1st August, 2022 has since been recalled and the status quo has been restored.
The learned Single Judge has after noting the pendency of the above suit, observed in the impugned order that the Appellant is at liberty to approach the Civil Court in question “bringing to its notice about any action taken in the mean time, which caused prejudice to the Petitioner, so that the same can be considered and appropriate orders can be passed in accordance with law”.
In the considered view of the Court, the above direction was the only one that could have been given in the facts and the circumstances of the case. Consequently, the Court finds no ground made out for interference.
The appeal is accordingly dismissed.
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