Orissa High CourtWP(C)/12299/2008disposed off

Saroj Ku.Mohanty v. Bidyadhar Parida

2022-02-24Dr. Justice S. Muralidhar (Cj),Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.12299 of 2008 Sri Saroj Kumar Mohanty ....

Petitioner Mr. Suresh Ku. Choudhury, Advocate -versusSri Bidyadhar Parida and another ....

Opposite Parties None

CORAM:

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

ORDER

24.02.2022 06.

1. On 28th August 2008, the following order was passed in Misc. Case No.11043 of 2008:

"Heard.

Issue notice as above.

Accept one set of process fee.

Mr. Choudhury, learned counsel for the petitioner submits that against the order passed under section 68 of the Orissa Hindu Religious Endowment Act, 1951, the petitioner has preferred a revision before the Commissioner, Endowment-opposite party no.2 being Revision Case No.10 of 2005. During pendency of this revision, the learned Commissioner initially granted stay of operation of the impugned order passed by the Assistant Commissioner of Endowments, Orissa, Bhubaneswar in the proceeding under section 68 of the Act but by the impugned order under Annexure-7, the learned Commissioner has vacated the stay order.

Considering the above submissions, it is directed that till the next date the operation of the order

against which the revision is pending before the Commissioner shall remain stayed and parties are directed to maintain status quo over the disputed properties as on today."

2. The above interim order has continued since then.

3. Since the revision petition is still stated to be pending before the Commissioner of Endowment, Orissa, Bhubaneswar (Opposite Party No.2), it is directed that the above interim order will continue till disposal of the revision petition i.e. Revision Case No.10 of 2008 by Opposite Party No.2. Considering that the revision case is a rather old one, Opposite Party No.2 is requested to dispose it of within a period of three months and in any event not later than 23rd May, 2022. A copy of this order be sent forthwith to Opposite Party No.2.

4. The writ petition is disposed of in the above terms. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge S.K. Guin