SIBARAM SAHU Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) The petitioner in W.P.C. No. 20258 of 2009 has filed that writ application with a prayer to direct Opp. Parties 1 to 9 to effect eviction of Opp. Party No. 10-the Members of the Taxi owners and drivers Association who are allegedly parking vehicles at the Berhampur old Bus stand and obstructing smooth flow of traffic to give effect to the order of eviction passed by the Tahasildar, Berhampur in L.E.C. No. 115 of 1996, which was affirmed in appeal by the Sub-Collector, Berhampur by his order dated 21.9.1996 in L.E.A. No. 60 of 1996 and which was also affirmed by the revisional order dated 28.4.1997 passed by the Addl. District Magistrate, Ganjam, Chhatrapur in O.P.L.E. No. 12 of 1996.

(2.) In course of hearing of the aforesaid writ petition, Mr. S.P. Mishra, learned Senior Advocate appearing for the Taxi owners and drivers-Opp. Party No. 10 submitted that, a connected writ petition i.e. W.P.C. No. 238 of 2005 is pending pertaining to the self-same subject matter and accordingly by order dated 30.09.2010 direction was issued for listing of W.P.C. No. 20258 of 2009 along with W.P.C. No. 238 of 2005 for analogous hearing.

(3.) In W.P.C. No. 238 of 2005, the petitioners therein, namely, Alok Kumar Patnaik and Others, filed that writ petition with a prayer for issuance of a direction to the Berhampur Development-Authority not to interfere with the possession of the petitioners in respect of the disputed land and with a further prayer to direct the State to settle the disputed land in-favour of the petitioners, considering their continuous and uninterrupted possession for about forty years and to restrain the Opp. Parties from interfering with the right of occupation of the petitioners in respect of the said land. In this writ petition an interim order was passed on 7.1.2005 in Misc. Case No. 182 of 2005 (inadvertently typed as Misc. Case No. 182 of 2004) directing maintenance of status quo in respect of the disputed property.