The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.28013 of 2019 Sanjukta Patra …. -versus- Petitioner Mr. T. Nanda, Advocate State of Odisha & Others …. Opposite Parties Mr. C.M. Singh, ASC Mr. R.K. Sahoo, Adv. for O.P.6 CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 11.11.2024 Order No. 07. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Legal Reasoning
2. Heard learned counsel appearing for the Parties. 3. Petitioner has filed the present Writ Petition inter alia challenging the order dtd.07.12.2019 so passed by the learned Sub-Collector, Bolangir in Misc. Certificate (Resident) Appeal No.05 of 2015 under Annexure-1. 4. Learned counsel for the Petitioner contended that the residential certificate was issued in favour of the Petitioner initially by the Tahasildar in Residential Certificate Case No.4799 dtd.27.06.2009 under Annexure-2. // 2 // 4.1. It is contended that private Opposite Party being aggrieved with such issuance of the residential certificate on 27.06.2009 under Annexure-2, filed a review petition before the Tahasildar, Bolangir. The said review petition when was rejected vide order dtd.07.08.2009, private Opposite Party No.6 challenging the same approached the Sub-Collector, Bolangir-Opposite Party No.3 in Misc. Appeal No.30 of 2009. 4.2. It is contended that Sub-Collector, Bolangir when allowed the appeal vide order dtd.12.1.2010, present Petitioner being aggrieved approached this Court by filing W.P.(C) No.1166 of 2010. 4.3. It is contended that this Court vide order dtd.20.03.2015 under Annexure-3 set aside the order passed by the Sub-Collector on 12.01.2010 in Misc. Appeal No.30 of 2009.
Legal Reasoning
4.4. It is contended that Opposite Party No.6 who was a party to the proceeding in W.P.(C) No.1166 of 2010 never assailed the order passed by this Court on 20.03.2015 under Annexure-3. In the alternate, challenging the order dtd.27.06.2009 by which the certificate was issued in favour of the Petitioner and the order passed in Review on 07.08.2009, Opposite Party No.6 approached this Court in W.P.(C) No.8439 of 2015. The said Writ Petition Page 2 of 7 // 3 // was dismissed vide order dtd.10.07.2015 under Annexure-4. 4.5. It is contended that since in W.P.(C) No.8439 of 2015, Opposite Party No.6 not only assailed the issuance of the residential certificate in favour of the Petitioner vide order dtd.27.06.2009 as well as the order passed by the Tahasildar on 07.08.2009 in review application so filed, which was dismissed by this Court vide order dtd.10.07.2015 under Annexure-4, private Opposite Party No.6 was not entitled to again challenge the certificate issued in favour of the Petitioner vide order dtd.27.06.2009 before Opposite Party No.3 in Misc. Certificate (Resident) Appeal No.5 of 2015 under Annexure-5. 4.6. It is contended that Sub-Collector, Bolangir- Opposite Party No.3 on the face of the order passed by this Court on 10.07.2015 in W.P.(C) No.8439 of 2015 when allowed the appeal so filed by the private Opposite Party No.6, the present writ petition has been filed challenging the said order. 4.7. It is accordingly contended that on the face of the order passed by this Court in W.P.(C) No.8439 of 2015, wherein this Court dismissed the Writ Petition so filed Page 3 of 7 // 4 // against the original order passed by the Tahasildar on 27.06.2009 as well as the order passed in review on 07.08.2009, private Opposite Party No.6 is not permitted to again challenge the original order passed by the Tahasildar on 27.06.2009 by filing Misc. Appeal No.5 of 2015, which was allowed vide the impugned order. It is accordingly contended that the impugned order is not sustainable in the eye of law. It is also contended that this Court has stayed the impugned order vide order dtd.24.12.2019. 5. Mr.R.K. Sahoo, learned counsel appearing for Opposite Party No.6 on the other hand contended that since after disposal of W.P.(C) No.1166 of 2010, this Court only interfered with the order passed by the Sub- Collector on 12.01.2010, which was filed challenging the order passed in Review on 07.08.2009, and in W.P.(C) No.8439 of 2015, the subject matter of challenge was only the order passed by the Tahasildar in the Review on 07.08.2009, Petitioner challenging the original order passed by the Tahasildar on 27.06.2009 filed the appeal in Revenue Misc. (Residential Certificate) Appeal No.5 of 2015. 5.1. It is contended that Opposite Party No.3 after giving due opportunity of hearing to the present Petitioner as well as private Opposite Party No.6 allowed the appeal Page 4 of 7 // 5 // vide the impugned order dtd.07.12.2019 under Annexure-1. 5.2. It is contended that since the original order passed by the Tahasildar on 27.06.2009 was never assailed, Opposite Party No.6 rightly moved the appellate authority by filing the appeal in Appeal Case No.5 of 2015 under Annexure-5, which was rightly allowed by the Sub- Collector vide order under Annexure-1. 6. Mr.C.M. Singh, learned Addl. Standing Counsel for the State on the other hand contended that the dispute is inter-se in between the Petitioner and private Opposite Party No.6. 6.1. It is however contended that Petitioner challenged the very issuance of the certificate in favour of the private Opposite Party on 27.06.2009 as well as the order passed in Review on 07.08.2009 in W.P.(C) No.8439 of 2015. The said Writ Petition was dismissed vide
Decision
order dtd.10.07.2015 and writ appeal filed against the said order was also dismissed as withdrawn vide order dtd.20.02.2020 in W.A. No.421 of 2015 under Annexure- 12. 7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that Petitioner was issued with the residential certificate on 27.06.2009 vide Annexure-2. Challenging Page 5 of 7 // 6 // such issuance of the certificate vide order dtd. 27.06.2009, Petitioner filed a Review Petition before the Tahasildar –Opposite Party No.4, which was dismissed on 07.08.2009. Challenging the order dtd.07.08.2009, private Opposite Party No.6 approached the Sub-Collector by filing Misc. Appeal No.30/2009. The same when was allowed vide order dtd.12.01.2010, Petitioner challenging the same approached this Court in W.P.(C) No.1166 of 2010. The said Writ Petition was allowed vide order dtd.20.03.2015 under Annexure-3. 7.1. Private Opposite Party No.6 instead of challenging the order dtd.20.03.2015, approached this Court in W.P.(C) No.8439 of 2015, wherein the very issuance of the residential certificate in favour of the Petitioner on 27.06.2009 as well as the order passed in Review on 07.08.2009 was challenged. The said writ petition was dismissed by this Court vide order dtd.10.07.2015 under Annexure-4. Writ Appeal filed against the said order was also withdrawn vide order dtd.20.02.2020 in W.A. No.421 of 2015 under Annexure-12. 7.2. In view of the order passed by this Court on 10.07.2015, which has been confirmed with dismissal of the Writ Appeal, this Court is of the view that private Opposite Party No.6 after becoming unsuccessful in W.P.(C) No.8439 of 2015 could not have again filed the appeal before the Sub-Collector by challenging the Page 6 of 7 // 7 // certificate issued in favour of the Petitioner vide order dtd. 27.06.2009. Since the order dtd.27.06.2009 was also the subject matter of challenge in W.P.(C) No.8439 of 2015, which was dismissed vide order dtd.10.07.2015, appeal filed challenging the initial order on dtd.27.06.2009 was not at all entertainable. 7.3. In view of the aforesaid analysis, this Court is of the view that the Sub-Collector, Bolangir-Opposite Party No.3 on the face of the order passed by this Court under Annexure-4 could not have entertained the appeal so filed by the private Opposite Party. Therefore, this Court is inclined to quash the order dtd.07.12.2019 so passed by Opposite Party No.3 under Annexure-1 in Revenue Misc. (Residential Certificate) Appeal No.5 of 2015. While quashing the same, this Court allows the Writ Petition. 8. Accordingly, the Writ Petition stands disposed of. Subrat (Biraja Prasanna Satapathy) Judge Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 14-Nov-2024 16:58:11 Page 7 of 7