Gahanu Oram v. A.D.M.,Sundargarh

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.3807 of 2010 Ghanu Oram ....

Petitioner(s) Mr.A.KNanda, Adv.

-versusThe Addl. District Magistrate, Sundargarh & Ors.

....

Opp.Party(s) Mr.U.K.Sahoo, ASC Mr.L.Mishra, Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

14.12.2022 8.

1.

Heard Mr.A.K.Nanda, learned counsel for the petitioner Order No.

and Mr.U.K.Sahoo, learned Additional Standing Counsel for the State-opposite parties and Mr. L. Mishra, learned counsel for the opposite party No.3.

2.

Impugned order has been assailed on the premises of illegal application of principle of res judicata to the present case. Even though the certified copy of the proceeding involving first round of litigation is not available on record but on a close reading of the discussion made by the competent authority involving the 3A proceeding under the regulation-II of 1956 as available at page- 28 of the brief, this Court finds, the previous round of litigation vide R.M.C.No.15 of 2004 a proceeding initiated under Section 3(1) of the Regulation-II of 1956 admittedly involved the brother of the present petitioner and the opposite party herein. Further the dispute also involved the property involved here.

3.

Under the circumstance, this Court finds, there is no illegal application of the principle of res judicata and for the dispute being adjudicated vide R.M.C.No.15 of 2004 being raised by a co-sharer and for not being further challenged by the co-sharers of the property, the order passed therein remains conclusive. Hence the dispute involving the same property cannot be opened any further. Under the

// 2 // circumstance, this Court finds, there is no infirmity in the impugned order.

4.

Accordingly, this writ petition stands dismissed. (Biswanath Rath) Judge Sks