Deity Raghunath Mahaprabhu installed at Raghunath Math, Balasore v. Kashinath Dalai
2013-04-25
S.K.PATEL
body2013
DigiLaw.ai
ORDER Heard learned counsel for the petitioner, learned counsel for the private opposite parties 1 to 10 and learned counsel for the State appearing for the opposite parties 11 and 12. In this writ petition petitioner has made prayer to direct opposite party No.11 District Collector, Ganjam and opposite party No.12 Revenue Officer-cum-Tahasildar, Kabisuryanagar to get the tenancy land under unlawful possession of opposite parties 1 to 10 vacated and restored in accordance with the order dated 3.10.2009 passed by the Revenue Officer-cum-Tahasildar, Kabisuryanagar in O.L.R. Case Nos. 1 & 10 of 2009. Counter-affidavit has been filed on behalf of opposite parties 1 to 10 in which it has been averred that ten appeals bearing OLR Appeal Nos. 1/2010 to 10/2010 challenging legality of the eviction orders passed by the Revenue Officer-cum-Tahasildar, Kabisuryanagar have been filed before the Additional Sub-Collector, Chatrapur. However, it is conceded that no order staying operation of the order of the Revenue Officer-cum-Tahasildar, Kabisuryanagar has been passed in the said ten appeals. Referring to the order dated 29.1.20.13 in OLR Appeal No.8 of 2010 passed by the Additional Sub-Collector, Chatrapur, it is, however, submitted by the learned counsel for the private opposite parties 1 to 10 that the Additional Sub-Collector, Chatrapur is not proceeding with the appeals in view of the pendency of this writ petition. It has been specifically observed that any action or direction by the appellate authority when the present writ petition is pending may lead to chain of legal complications difficult to contain. On the basis of such observation order has been passed to keep further proceedings in the appeals pending during pendency of the present writ petition or till receipt of directive from this Court. It is settled law that filing of appeal by itself does not operate as an order staying operation of the order impugned therein. In absence of order of stay from higher authority, Revenue Officer-cum-Tahasildar, Kabisuryanagar has no hindrance to comply with the order passed in OLR Case Nos. 1/2009 to 10/2009. Similarly, in absence of any direction from this Court staying further proceedings of OLR Appeal nos. 1/2010 to 10/2010, the Additional Sub-Collector, Chatrapur should not have stayed further proceedings in the appeals. Be that as it may, grievance of the petitioner in this writ petition being only non-implementation of the order passed in OLR Case Nos.
1/2009 to 10/2009. Similarly, in absence of any direction from this Court staying further proceedings of OLR Appeal nos. 1/2010 to 10/2010, the Additional Sub-Collector, Chatrapur should not have stayed further proceedings in the appeals. Be that as it may, grievance of the petitioner in this writ petition being only non-implementation of the order passed in OLR Case Nos. 1/2009 to 10/2009, this writ petition is disposed of directing that unless the opposite parties 1 to 10 produce before the Revenue Officer-cum-Tahasildar, Kabisuryanagar order of the appellate authority staying implementation of the order passed in OLR Case Nos. 1/2009 to 10/2009 within a period of two weeks from today, the Revenue Officer-cum-Tahasildar, Kabisuryanagar shall proceed to implement the order passed in OLR Case Nos. 1/2009 to 10/2009 expeditiously. Urgent certified copy of the order be granted on proper application. Appeal disposed of.