Sadhu Brajamohan Das v. Commnr.Consolidation

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.14719 OF 2009 Sadhu Brajamohan Das ....

Petitioner Mr.S.P.Mishra, Sr.Adv.

-versusThe Commissioner, Consolidation, Bhubaneswar & anr.

....

Opposite Party(s) Mr.S.P.Panda, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

13.12.2022 I.A.NO.18441/2018 12.

1.

Heard learned counsel for the Parties.

Order No.

2.

There is no material to establish that the Intervenor is the substitute of Baba Narendra Das being the President of Mahimagadi. For there is no Death Certificate of Baba Narendra Das, this Court declines to entertain the present I.A., which thus stands dismissed. (Biswanath Rath) Judge I.A. No.13127/2021 13.

1.

This is an Application for substitution of O.P.2 in place of Baba Narendra Das. The Writ Petition appears to be challenging the order of the Commissioner of Consolidation, vide Annexure-3

// 2 // passed in an Application under Section 37(1) of the OCH & PFL Act, which undisputedly a dispute between Satya Mahima Dharma Dham and Sadhu Braja Mohan Das being Parties to the litigation. Originally the 37(1) proceeding was undertaken by Satya Mahima Dharma Dham through Baba Narendra Das. In filing the said Application on the death of Baba Narendra Das, there is request for bringing the Applicant herein, Baba Sukadeba Das in place of Baba Narendra Das. This Court finds, the Death Certificate enclosed in the Application naming Pabitra Mohan Baba. As a consequence of rejection of Intervention Application, this Court declines to entertain the present I.A., which thus stands rejected. (Biswanath Rath) Judge W.P.(C) NO.14719 OF 2009 14 1.

For there is no substitution of effective Parties, this Court finds difficulty in proceeding in the Writ Petition, which is dropped but however, with liberty for revival of the Writ Petition in the event there is appropriate application bringing appropriate contesting Party on Record as O.P.2.

Biswanath Rath) Judge M.K.Rout