LAWS(ORI)-2003-12-25

RAMASANKAR MISRA Vs. STATE OF ORISSA

Decided On December 15, 2003
Ramasankar Misra Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) HEARD . After hearing learned counsel for the petitioner this writ petition stands dismissed for the following reasons.

(2.) LEARNED counsel for the petitioner states that petitioner is the plaintiff in Civil Suit No. 1 of 2003 of the Court of Civil Judge (Junior Division), Barbil. His case is that he was the recorded tenant of the disputed land as per the Sabik Settlement. A part of the suit plot was acquired 'by the Government under Land Acquisition Proceeding and the remaining part should have been recorded in his name during the current settlement but that was wrongly recorded in the name of the P.W.D. i.e., the State Government. On being transferred Joda Municipality has acquired possession and constructed shop -rooms and let out to tenants. Petitioner's claim for temporary injunction is on the basis of the aforesaid pleadings but that was turned down by the Civil Judge as well as learned District Judge, Keonjhar in C.M.A. No. 1 of 2003 and F.A.O. No. 7/a of 2003 respectively.

(3.) IN view of the aforesaid facts and circumstances as noted at the out set, the writ petition is dismissed being devoid of merit.