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Orissa High CourtWP(C)/25067/2013dismissed

Shanti Rout And ORS. v. State And ORS.

2022-06-21Dr. Justice S. Muralidhar (Cj),Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)-PIL No.25067 of 2013 Shanti Rout & Others ....

Petitioners Mr.S.Pradhan, Advocate -versusState of Odisha & others ....

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

CORAM:

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

ORDER

21.06.2022 04.

1. It is seen that the challenge in the present petition by fourteen Petitioners who claim to be the residents of village/P.O.Antia, P.S. Jenapur, District-Jajpur is to an order dated 1st September, 1994 passed by the Tahasildar, Dharmasala in Lease Case NO. 125 of 1988/291 settling the land ad measuring Ac. 0.08 decimals in favour of Opposite Party No.5. On the face of it, it is seen that the challenge has been raised nearly 20 years after the settlement of the land. While issuing notice in the petition on 19th December, 2013, this Court had directed status quo to be maintained by the parties.

2. It is seen that the impugned order is an appealable one under the OGLS Act, 1962 and therefore, there is no question of the Court entertaining the present writ petition in the face of the

// 2 // availability of an efficacious statutory remedy. Consequently, while not inclined to interfere in the present petition, the Court permits the Petitioners to avail of the statutory remedy available to them in accordance with law.

3. The interim order is vacated and the writ petition is dismissed. (Dr. S. Muralidhar) Chief Justice ( R.K.Pattanaik) Judge Kabita