The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Jan-2024 13:57:02 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 40232 OF 2023 Sudhir Kumar Lenka Petitioner Mr. Samir Kumar Mishra, Senior Advocate being assisted by Mr. Jagajiban Pradhan, Advocate …. -versus- State of Odisha and others ….
Legal Reasoning
Opp. Parties Mr. Amiya Kumar Mishra, Additional Government Advocate Mr. Nirod Kumar Sahu, Advocate along with Mr. Bibekananda Bhuyan, Advocate (For Intervener) CORAM: JUSTICE K.R. MOHAPATRA Order No.
Decision
ORDER 04.01.2024 2. 1. This matter is taken up through hybrid mode. 2. This writ petition has been filed with the following prayer: “It is, therefore, prayed that this Hon'ble Court may graciously be pleased to admit this Writ application, issue notice to the opposite parties, after hearing the counsel for the parties, the order no. 18756 dated 04.05.2023 issued by opposite party no.1 under Annexure-3 and consequential letter no. 10219 dated 29.11.2023 issued by the Sub- Collector, Puri under Annexure-4 be quashed and the opposite parties be commanded the possession/management of the petitioner in in respect of Nilachala Saraswata Sangha at Puri in any manner; And to pass any other order/order(s), direction/direction(s) as would be deemed fit and proper; And for this act of kindness the petitioners as in duty bound shall ever pray.” further be pleased interfere with not to 3. The matter was listed on 12th December, 2023 and upon hearing learned counsel for the parties, following order has been passed: Page 1 of 4 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Jan-2024 13:57:02 // 2 // in for that the Petitioner “2. A Memo along with copies of judgment and Decree dated 2nd April, 2004 and 12th April, 2004 respectively passed in RFA (Title Appeal) No.5 of 2003 and judgment and decree dated 23rd December, 2002 and 6th January, 2003 respectively passed in TS No.376 of 1989 filed in Court are taken on record. 3. It is submitted by Mr. Mishra, learned Senior Advocate the garb of implementing the order passed in W.P.(C) No.11571 of 2023, the Opposite Parties are trying to evict the Petitioner from the premises of Nilachala Saraswat Sangha branch at Puri. 4. Mr. Mishra, learned AGA submits that the impugned letters under Annexures-3 and 4, i.e., letter dated 4th May, 2023 issued by the Home (Special Section) Department and letter No. 10219 dated 29th November, 2023 from the office of Sub- Collector, Puri respectively do not suggest that the Petitioner will be evicted from the premises of said Sangha at Puri. It is also not known as to whether the Petitioner is at present staying in the premises of the Sangha at Puri. He, however, submits that he will take instruction in the matter. 5. In view the above, if the Petitioner is still residing in the premises of Nilachala Saraswat Sangha branch at Puri, he shall not be evicted till the next date. 6. Put up this matter on 4th January, 2024 on which date, learned State Counsel shall apprise the Court about the state of affairs.” 4. Mr. Mishra, learned Additional Government Advocate, on instruction, submits that letter No.18756/c dated 4th May, 2023 (Annexure-3) issued by the OSD-cum-Special Secretary to Government intimating all Collectors and District Magistrates about the judgment dated 20th September, 2022 passed in RSA Nos.254 & 255 of 2004, so also the direction in W.P.(C) No.11571 of 2023. This Court while disposing of W.P.(C) No.11571 of 2023 has passed the following order: “5. Considering the limited grievance and from the above, it appears, Petitioner seeks interim protection by way of injunction from this Court in exercise of power under Article 226 of the Constitution of India, which is not permissible in the eye of law. However, keeping in view that there has already been a decision to great extent involving rival contentions also through RSA No: 254 of Page 2 of 4 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Jan-2024 13:57:02 // 3 // 2004 & RSA No.255 of 2004 both are disposed of on 20.09.2022 and also being affirmed by the Hon'ble apex Court in disposal of SLP(C) (Diary) No(s).37582 of 2022 and further there is also a decision in disposal of O.J.C. No.8313 of 2000, this Court while disposing of this Writ Petition as not maintainable at this stage, however, observes, parties will ultimately be abided by the decision in RSA 1 in RSA No.254 of 2004 & RSA No.255 of 2004 being disposed of on 20.09.2022.” Accordingly, the Sub-Collector, Puri issued Letter No.10219 dated 29th November, 2023 under Annexure-4 asking the parties to be present to take a decision with regard implementation of the order passed in W.P.(C) No.11571 of 2023. But the Petitioner did not attend the said meeting. Thus, no decision could be taken in the said meeting and instructions in the letter under Annexure-4 gets exhausted. 5. Mr. Mishra, learned Senior Advocate appearing for the Petitioner submits that in the garb of implementing the order passed in RSA Nos.254 & 255 of 2004, coercive measure is being taken by the District Administration. 6. Mr. Mishra, learned Additional Government Advocate, however, submits that no coercive is being taken by the District Administration to implement the decree passed in RSA Nos.254 & 255 of 2004. 7. Mr. Sahu, learned counsel along with Mr. Bhuyan, learned counsel submit that they have filed I.A. No.19972 of 2023 for intervention of one, Nilachala Saraswat Sangha to be impleaded as a party to the writ petition. 8. Upon hearing learned counsel for the parties, this Court observes that the decree passed by the Civil Court can only be implemented by filing appropriate execution proceeding and not by taking coercive measure. Since no coercive measure is being Page 3 of 4 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Jan-2024 13:57:02 // 4 // taken by the District Administration to implement the judgment/decree/order passed either in W.P.(C) No.11571 of 2023 or in RSA Nos.254 & 255 of 2004, no further order is required to be passed in this writ petition. 9. Accordingly, the writ petition is disposed of. Disposal of the writ petition also disposes of the interim applications. Urgent certified copy of this order be granted on proper application. ms (K.R. Mohapatra) Judge Page 4 of 4