BIBHA SAHA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Bose, learned advocate appears and submits, son of recorded possessor of the land had filed the writ petition. Original petitioner died and at present his clients are the substituted daughter-in-law and grand children of recorded possessor.

(2.) He submits, impugned are annexures 5, 6 and 7, orders passed by the administration to remove his clients' presence in the land for facilitating transfer to private opposite party no.5. There was no notice to the son of recorded possessor, when purported report stating said person had died and the land lay vacant, was relied upon to make ex-parte order leading to transfer of the land to opposite party no.5.

(3.) Mr. Sahu, learned advocate appears on behalf of private opposite party no.5 and submits, the transfer was made in year 2013. His client asserted ownership over the land openly and continuously thereafter. The writ petition brought in year 2018 should not be entertained on ground of delay. Mischievous intent is apparent. Furthermore, the writ petition is not maintainable as sec. 7 under Orissa Government Land Settlement Act, 1962 provides for alternative efficacious remedy of appeal. He submits, his client has filed for vacating the interim order.