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2016 DIGILAW 728 (ORI)

Bhumisuta Majhi v. Banamali Rana

2016-09-01

BISWANATH RATH

body2016
JUDGMENT : BISWANATH RATH, J. 1. In filing this writ petition, the petitioners have assailed the impugned order under Annexure-3 and also sought for quashing of the proceeding vide Jhankara Chakarani Case No. 57 of 1988. 2. In assailing the order and the initiation of proceeding, learned counsel for the petitioners contended that in view of closure of a proceeding involving a disputed property vide Annexure-1 in the year 1967, the proceeding vide Jhankara Chakarani Case No. 57 of 1988 becomes res-judicata and as a consequence thereof, the proceedings initiated under Section 23-A of the OLR Act also becomes redundant. 3. In his opposition, learned counsel for the private opposite parties contended that before initiation of the proceeding, resulting the impugned action there is a decision in another proceeding involving the very disputed property. Learned counsel for the private opposite parties further, contended that in view of the proceeding No. 57 of 1988, there is no infirmity in the order passed by the Revisional Authority in OLR Appeal Case No. 22 of 1999 but in view of the disputed questions of fact, the fate of the parties ultimately depends upon the final outcome in the Jhankara Chakarani Case No. 57 of 1988 which proceeding has been stayed by virtue of an interim order of this Court in the present writ petition. 4. Considering the submissions made by learned counsel appearing for the respective parties and after perusing the observations of the Courts below, this Court finds the fate of the parties is very much depending on the ultimate outcome in the proceeding vide Jhankara Chakarani Case No. 57 of 1988. Taking into consideration the submissions of the learned counsel for petitioners that Jhankara Chakarani Case No. 57 of 1988 becomes res-judicata because of the other proceeding has already been concluded in the meantime and since this is a matter of objection at the instance of the petitioners raised in the proceeding vide Annexure-4, this Court observes that the same can be taken care of by the Tahasildar, Kalahandi taking up the proceeding vide Jhankara Chakarani Case No. 57 of 1988. Since the fate of the parties will be decided in the proceeding vide Jhankara Chakarani Case No. 57 of 1988, this Court directs the parties to participate in the proceeding vide Jhankara Chakarani Case No. 57 of 1988 and file their objections if any, indicating all the developments taken place in the meantime. Let such objections be filed within four weeks hence and the proceeding vide Jhankara Chakarani Case No. 57 of 1988 be finally concluded within a period of six months from the date of communication of this order. 5. In view of the direction involved in the Jhankara Chakarani Case No. 57 of 1988, this Court sets aside the order passed in the appeal but however, directs the parties to maintain status-quo till finalization of the proceeding vide Jhankara Chakarani Case No. 57 of 1988 and the decision to be taken therein, will be ultimately binding the parties but subject to however, the order in the Revision or Appeal, if any available under Law. Considering the submission made by the learned counsel for the intervener-petitioner, the intervention application vide Misc. Case No. 5411 of 2015 is permitted to be withdrawn with liberty to file such application in the proceeding vide Jhankara Chakarani Case No. 57 of 1988 and the Tahasildar competent shall consider the same in accordance with Law. The writ petition stands disposed of with the above direction. In view of disposal of this petition, interim order passed earlier stands vacated.