AI Structured Summary
Not yet generated for this judgment
Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
Order dated 26th November, 2010 (Annexure-1) passed by learned Civil Judge (Junior Division), Puri in T.S. No.606 of 2001 is under challenge in this writ petition, whereby an application filed by the Defendant Nos.2 and 3 raising objection with regard to acceptance of report of the Handwriting expert, has been rejected.
Mr. Mukherji, learned counsel submits that Defendant No.2 is the Petitioner in this writ petition. Defendant No.2 had filed Civil Appeal No.2433 of 2019 before the Hon’ble Supreme Court assailing the order passed by this Court in RVWPET No.74 of 2012. Subsequently, M/s. Luxmi Tea Co. Pvt. Ltd was substituted in place of Defendant No.2. In the said civil appeal, the District Collector, Puri filed an affidavit stating as under:
“3. That in obedience to the order of this Hon'ble Court dated 05.03.2020, the possession of Balukhanda Khasmahal Lease hold land pertaining to Plot No. 892 measuring an area of Ac. 0.423 corresponding to Hal Plot No. 118 & 119 bearing Khata No. 28 of Mouza Bankimuhan has been taken over on 14.03.2020 through the Tahasildar, Puri. The Tahasildar, Puri has submitted vide his letter dated 27.07.2020 that the land in question has been taken over possession on 14.03.2020. A true copy of the letter dated 27.07.2020 written by the Tahasildar, Puri is enclosed herewith as ANNEXURE A.”
In view of the fact that the possession of the suit property has already been taken over by the State, nothing remains to be adjudicated in the suit. He, therefore, submits that adjudication of this writ petition will be an academic one.
Mr. Lenka, learned counsel submits that he has entered appearance on behalf of the Opposite Party taking consent of previous counsel and has filed Vakalatnama in Court today, which is taken on record. It is his submission that in view of the changed circumstances, the Petitioner has no locus standi to maintain the writ petition.
In view of the submission made by learned counsel for the Petitioner, this Court feels that the Defendant No.2-Petitioner should move learned trial Court for appropriate relief. In the event an application is filed for appropriate relief, learned trial Court shall adjudicate the same keeping in mind the nature of the suit as well as affidavit filed by the District Collector, Puri before the Hon’ble Supreme Court in Civil Appeal No.2433 of 2019, a copy of which shall be produced by the Petitioner.
It is submitted by Mr. Mukherji, learned counsel for the Petitioner that such application shall be filed within a period of two weeks, if not filed in the meantime.
Hence, it is directed that learned trial Court shall take all steps to dispose of the said application within a period of one month from the date of production of certified copy of this order along with the application.
The writ petition is accordingly disposed of.
Interim order dated 18th January, 2011 passed in Misc. Case No.331 of 2010 stands vacated.
Urgent certified copy of this order be granted on proper application.
…………………………….