MR. JUSTICE K.R. MOHAPATRA MR. JUSTICE v. NARASINGH
Case Details
Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 18-Dec-2024 11:29:55 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 28413 of 2019 (An application under Article 226 of the Constitution of India) * * * * Prafulla Kumar Behera and others .... Petitioners -versus- State of Odisha and others …. Opp. Parties
Legal Reasoning
Mr. Ajit Kumar Hota, Advocate For Opposite Parties : Mr. Swayambhu Mishra, Additional Standing Counsel (For Opposite Party Nos.1 and 2) CORAM: MR. JUSTICE K.R. MOHAPATRA MR. JUSTICE V. NARASINGH --------------------------------------- Date of Hearing: 12.12.2024 Date of Order : 17.12.2024 ---------------------------------------
Decision
O R D E R K.R.Mohapatra, J 1. This matter is taken up through hybrid mode. 2. This writ petition has been filed by the Petitioners apprehending their eviction from the land they are occupying. 3. Mr. Hota, learned counsel submitted that Petitioners are enjoying the property in question exercising their right, title and interest thereon. They are using the property as their homestead. W.P.(C) No. 28413 of 2019 Page 1 of 5 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 18-Dec-2024 11:29:55 // 2 // They are also regularly paying land revenue in respect of the land in question. Tahasildar, Satyabadi-Opposite Party No.4 made a public announcement to evict the Petitioners from the property in question. Hence, apprehending their eviction from the property in question, this writ petition has been filed. 4. It was submitted that OA No.17 of 2002 and OA No.12 of 2003 are pending before the Assistant Commissioner of Endowments, Bhubaneswar under Section 41 of the Odisha Hindu Religious Endowments Act, 1951 (for brevity ‘the Act’) in respect of the property in question. However, pursuant to an order passed in OA No.4 of 2006 filed under Section 25 of the Act in respect of the property of Sri Satyabadi Gopinath Dev Bije at Phula Alasa-Opposite No.5 and requisition issued to the Collector and District Magistrate, Puri for eviction of unauthorized occupants, Petitioners apprehend their eviction without following due procedure of law. Petitioners are no way concerned with the Deity’s property. Due to erroneous conversion of the land, they are possessing, Tahasildar, Satyabadi-Opposite Party No.4 is contemplating their eviction. Hence, this writ petition has been filed to protect their possession over the property in question. 4.1 It was also submitted that a Civil Suit is pending in respect of the property of the Deity. Tahasildar, Puri-Opposite party No.4 under total misconception is trying to evict the Petitioners from the property in question. Hence, he prayed for a W.P.(C) No. 28413 of 2019 Page 2 of 5 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 18-Dec-2024 11:29:55 // 3 // direction to the Tahasildar, Satyabadi not to create any disturbance in the peaceful possession of the Petitioners over the property in question till disposal of the pending litigations. 5. Mr. Mishra, learned ASC vehemently objected to the same and submitted that Petitioners do not have any cause of action to maintain the writ petition. Petitioners filed the writ petition on sheer apprehension, has no legs to stand. Allegation of illegal and erroneous conversion of the land is also not true. Relying upon the counter affidavit filed by Tahasildar, Satyabadi-Opposite Party No.4, Mr. Mishra, learned ASC submitted that the land particulars of the Petitioners have been described at para-5 to 11 of the counter affidavit. Further, referring to para-12 to 14 of the counter affidavit, he submitted that in view of the order of status quo passed in SLP (Civil) No.25385 of 2019 (Kashi Prasad Modi and others Vs. Sri Satyabadi Gopinath Dev Bije Phula Alasa and others), apprehension of eviction of the Petitioners from the land in question is baseless. 5.1 For better appreciation, said paras-12 to 14 of the counter affidavit are reproduced hereunder:- It is humbly submitted that, the HAL land schedule “12. mentioned by the petitioners in the Writ Petition were part of sabik plots of 1927 settlement as mentioned in the land schedule in OA case No 4/2006 in the court of Ld. Commissioner of Endowments. Hon’ble High Court of Odisha vide order dated 12.09.2019 in W.P (C) No 4797/2019 directed Collector, Puri to comply the order passed by the Commissioner of Endowments in O.A no 04 of 2006 as early as possible preferably by end of Oct 2019 pursuant to the requisition made. However, due to non W.P.(C) No. 28413 of 2019 Page 3 of 5 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 18-Dec-2024 11:29:55 // 4 // compliance of the order dated 12.09.2019 passed in W.P(C) No- 4797 of 2019 in due time, the petitioner filed a contempt petition bearing CONTC No 1984/2019. 13. While the matter stood thus one SLP(C) bearing No.25385 of 2019 has been preferred by one Kashi Prasad Modi and others challenging the order dated 12.09.2019 passed in W.P (C) No 4797/2019, wherein the Hon’ble Apex Court has been pleased to pass an interim order dated 15.11.2019 with a direction to maintain status quo as of today until further order. In view of the order passed by Hon’ble Apex Court in SLP (C) No 25385 of 2019, the contempt petition i.e CONIC No 1984 of 2019 was dropped vide order dated 16.12. 2019 by Hon’ble High Court. That it is humbly submitted that, as discussed 14. above, the properties of the petitioners form a part of the order passed by the Ld. Commissioner of Endowment in O.A. No.04/2006. Hence status quo order passed by the Hon’ble Apex Court in SLP (C) No.25385/2019 dated 15.11.2019 (which is continuing till date) covers the properties of the petitioners No.l to 7. In such circumstances, Tahasildar, Satyabadi can take no coercive action to evict the petitioners from the said property till status quo order of the Hon’ble Apex Court is continuing. ….” 6. Considering the submissions made by learned counsel for the parties and on perusal of record, it appears that the land occupied by the Petitioners are covered under the interim order of status quo passed in SLP (Civil) No.25385 of 2019, wherein, the Hon’ble Supreme Court, vide order dated 15th November, 2019 (Annexure-B/4) directed the parties to maintain status quo as on that date until further orders. The said interim order is extended and is continuing till date pursuant to order dated 5th January, 2024 passed in the aforesaid SLP(C). It is categorically submitted by the Petitioners that the Tahasildar, Satyabadi cannot take any coercive action to evict the Petitioners from the property W.P.(C) No. 28413 of 2019 Page 4 of 5 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 18-Dec-2024 11:29:55 // 5 // in question till the status quo order of the Hon’ble Supreme Court is continuing. 7. In that view of the matter, this Court is of the considered view that no cause of action subsists at present to maintain present writ petition. 8. Accordingly, the writ petition is disposed of with an observation that the Petitioners may work out their remedy in accordance with law, if cause of action arises in future. Issue urgent certified copy of this order on proper application. (K.R. Mohapatra) Judge (V. Narasingh) Judge The High Court of Orissa, Cuttack Dated the 17 th day of December, 2024/ s.s.satapathy W.P.(C) No. 28413 of 2019 Page 5 of 5