Lal Chitaranjan Sekhar Deo (Since Dead) v. State of Odisha
2022-12-19
ARINDAM SINHA, S.K.MISHRA
body2022
DigiLaw.ai
JUDGMENT 1. Mr. Padhi, learned senior advocate appears on behalf of petitioners and submits, impugned is order dated 4th November, 1996 passed by Court of Additional District Magistrate, Sundargarh in Misc. Appeal no.11 of 1993. He submits, there was illegality and material irregularity in applying the law of primogeniture to determine rights of parties in the estate after, inter alia, vesting had happened and retention right of parties declared by State. 2. Mr. Samal, learned advocate appearing on behalf of opposite party nos.4, 12 and 13 draws attention to clause (ii) in section 5 of Hindu Succession Act, 1956 to submit, the law is relevant and applicable as under the Act. He submits, in event the writ petition is not decided today, in the meantime substitution applications made by petitioners be allowed along with his clients' application for at least status-quo be maintained in the estate. The latter application is I.A. no.69 of 2022. 3. Mr. Rath, learned advocate appears on behalf of opposite party no.9 and submits, his client's interest is similar to that of petitioners. Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State. 4. There is consensus at the Bar for the writ petition to be fixed for hearing in the new year as also for allowing the substitution applications. However, regarding the application for interim measure (I.A. no.69 of 2022), petitioners and opposite party no.9 oppose the same. Since, the application has been made in the writ petition, by opposite party nos.4, 12 and 13, we are not inclined to allow it when there is opposition, particularly by petitioners. This much stands recorded. 5. The Substitution applications being I.A. nos.41 of 2022, 42 of 2022, 39 of 2022, 38 of 2022, 40 of 2022 and 49 of 2022 are allowed. Petitioner will file consolidated cause title and circulate copies thereof to all appearing opposite parties by Friday (23rd December, 2022). The applications are disposed of. 6. I.A. no.69 of 2022 is disposed of without any order. 7. Mr. Padhi submits, there is necessity to cause direction for issuance of notices on newly added substituted parties. Petitioner may serve copy of the writ petition along with consolidated cause title, on newly added substituted parties by registered/speed post with A.D. Requisites are to be put in by petitioners on 23rd December, 2022. 8. List on 19th January, 2023.
7. Mr. Padhi submits, there is necessity to cause direction for issuance of notices on newly added substituted parties. Petitioner may serve copy of the writ petition along with consolidated cause title, on newly added substituted parties by registered/speed post with A.D. Requisites are to be put in by petitioners on 23rd December, 2022. 8. List on 19th January, 2023. Registry is directed to produce track report on service, if effected in the meantime.