Shree Gramadebati Thakurani, Nabarangpur v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.29108 OF 2022 Shree Gramadebati Thakurani, Nabarangpur ....

Petitioner(s) Mr.S.Dash,Adv.

-versusState of Odisha and others ....

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

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

28.11.2022 01.

1.

Heard learned counsel for the Parties.

2.

For the consistent view of this Court, looking to the nature of the dispute involved and the finding of the Revisional Authority based on field possession report, this Court finds, the dispute, if any, by the Petitioner with regard to occupation of the land by x/y cannot be adjudicated by the authority exercising the power under Section 15(b) of OSS Act. Keeping this in view, this Court while declining to entertain the Writ Petition observes, Petitioner if so advised may approach the court of competency.

3.

This Court further also observes, in the event the civil proceeding is undertaken, the order passed in exercise of power under Section 15(b) of OSS Act shall govern ultimately by judgment and decree of such Court.

(Biswanath Rath) Judge Utkalika