MANGULI PRADHAN AND BRAJABANDHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both the Writ Petitions, on consent of the parties, were heard analogously and this Judgment shall abide the result in the both the Writ Petitions.

(2.) PETITIONERS challenge order of settlement of ceiling surplus land in favour of Opposite Parties 5 to 7 and the dispute arises therefrom. - -

(3.) PETITIONERS stated that on 4.12.1992 Opposite Parties 5 and 6 wanted to forcibly evict the Petitioners and then they could ascertain about dismissal of their Revision Cases. On 29.8.1993, Opposite Parties 5 and 6 again destroyed the fence and dug trench in front of the door of the Petitioners and therefore, they lodged FIR but the local police did not take any action, hence they filed cases under Section 144, Cr.P.C. Petitioners further stated that later order of settlement of the land with the Opposite Parties 5 to 7 was done behind the back of the Petitioners and, that order of settlement by Tahasildar is not in accordance with law and therefore, liable to be set aside. Opposite Parties filed separate counter in each of the Writ Petitions, inter alia, stating that Manguli challenge to the order of settlement in favour of Opposite Parties 5 to 7. Therefore, it appears to be civil dispute, which cannot be settled or decided by writ Court when controversial facts are involved. Under such circumstance, there is no merit in the Writ Petitions and accordingly both the Writ Petitions are dismissed.