KAILASH CHANDRA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the learned Additional District Judge, Bhadrak in Title Appeal No. 14 of 1991 confirming the judgment and decree of the learned Munsif, Bhadrak passed in O.S. No. 138/91 -1.

(2.) THE appellants as plaintiffs filed the above noted suit against the respondent seeking a declaration that the entire proceeding undertaken by the respondent for acquiring the suit schedule land as illegal, void and that he is not to be evicted from the said land. The case of the plaintiffs, in brief, was that they purchased the suit land situated in M.S. Khata No. 586 from one Nilei Barik on 10.10.1975 for a consideration of Rs. 4,000/ - through a registered sale deed and remained in possession of that land. They averred that the suit land is situated within Basudevpur N.A.C. area and is a valuable piece of land, which they had kept for raising an industry. Although the said land is not fit for goacher, the respondent tried to acquire that land and dispossess them without giving any notice of the acquisition and without undertaking the statutory procedures provided under the Land Acquisition Act, in short, 'the Act'.

(3.) LEARNED trial Court dismissed the suit with the observation that the encroachment proceeding against the plaintiffs is not illegal or invalid and that the civil Court lacks jurisdiction to entertain the suit of the plaintiff. The appellants carried appeal, but the learned Additional District Judge, Bhadrak confirmed the judgment and decree of the learned trial Court and hence this appeal.