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Orissa High CourtWP(C)/11876/2006dismissed

Kishore Ch.Padhi v. State

2022-02-14Dr. Justice S. Muralidhar (Cj),Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.11876 of 2006 Kishore Ch. Padhi and others ....

Petitioners Mr. S. Mohanty, Advocate -versusState of Odisha and another ....

Opp. Parties Mr. D.K. Mohanty, AGA

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK Order No.

ORDER

14.02.2022 14.

1. In paragraph 6 of the counter affidavit, which has not been replied to by the Petitioners by filing any rejoinder, it is stated that the present Petitioners, who claim to be successors of the original lessee Dhuli Padhi, sold the leased land in favour of Sri Bharat Chandra Behera by a registered sale deed dated 28thJuly, 2006. Noting this fact, this Court had directed that the present petition should be heard along with W.P.(C) No.11938 of 2006 filed by Sri Bharat Chandra Behera. Today when both the writ petitions were called, learned counsel appearing for Sri Bharat Chandra Behera informed the Court that he has no instruction as far as W.P.(C) No.11398 of 2006 was concerned. The Court accordingly dismissed the said writ petition.

2. With there being no challenge by Sri Bharat Chandra Behera, there is no question of permitting the present Petitioners to

// 2 // maintain any challenge to the order passed by the Additional District Magistrate, Bhubaneswar in Lease Revision Case No.331 of 1986. The Court, therefore, declines to interfere with the impugned order. The writ petition is dismissed. (Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge KC Bisoi