Rabi Mallik v. Collector,J.Pur

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 19941 of 2010 Rabi Mallik and Others ....

Petitioners Mr. H.K. Mallik, Advocate -versusCollector, Jagatsinghpur and Another ....

Opposite Parties Mr. S.N. Das, Addl. Standing Counsel

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK

ORDER

28.03.2022 Order No.

05.

1. The prayer in the present petition is for a direction to the Special Land Acquisition Officer, Jagatsinghpur to permit the Petitioners to participate in LA Case No.4 of 2007 arising out of the acquisition of lands in Mouza Bijaya Chandrapur for a major industrial project at Paradeep.

2. In reply to the petition, it is pointed out that the predecessors of the present Petitioners have already sold the land in question to third parties and the registered sale deeds in respect thereof have been enclosed in the counter affidavit.

3. In rejoinder affidavit, it is sought to be pointed out by the Petitioners that those sale deeds are not valid in the eye of law. In fact, even today certain documents have been handed over to press the same point.

4. The only remedy available to the Petitioners is to get the sale deeds declared invalid by a civil Court by instituting appropriate proceedings for that purpose. Unless that is done, it is not possible to consider the prayers made by the Petitioners.

5. The writ petition is disposed of in the above terms.

6. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge S.K. Jena/P.A.