MANU SINGH Vs. SECRETARY, C.D.A.

JUDGEMENT

(1.) This petition challenges the order dated 23.10.2017 passed by the learned Additional District Judge, Athagarh in F.A.O.No.05 of 2017. By the said order, learned appellate court dismissed the appeal and confirmed the order dated 5.1.2017 passed by the learned Civil Judge (Sr.Division), Athagarh in I.A.No.66 of 2016, whereby and whereunder, the application filed by the plaintiffs-petitioners under Order 39 Rule 1 and 2 CPC has been rejected.

(2.) An area ad measuring Ac.400.44 dec. (four hundred acres fourty four decimals) of lands appertaining to khata no.20 under different plots of Brajabiharipur in the district of Cuttack is the subject matter of dispute in the suit.

(3.) The plaintiffs-petitioners instituted the suit for declaration of title, confirmation of possession, permanent injunction and mandatory injunction for a direction to the defendants to distribute the R.O.R. published in 1963. The case of the plaintiffs was that the suit lands were the part of princely State of Athagarh prior to merger of ex-State of Athagarh with Orissa. The sabik R.O.R. was published in the name of their ancestors. It was damaged in the flood. The hal R.O.R. was not supplied to them. Subsequently, they found that the suit lands had been recorded in the name of the State Government in the hal R.O.R. Taking advantage of wrong recording of R.O.R., the State Government had granted lease in favour of Cuttack Development Authority and Ravenshaw University ('University'), defendants 3 and 4-opposite parties 1 and 2. When defendants 3 to 5 tried to dispossess them, they filed an application under Order 39 Rule 1 and 2 CPC for injunction. Defendant no.3-opposite party no.1 resisted the petition stating that the suit lands had been leased out by the State Government for housing project. The lands situate in Sector-13 and 15 of Bidanasi triangular project. It is in possession of the suit lands appertaining to khata no.20, plot nos.264, 203. Plaintiffs have no title over it. Defendant no.4-opposite party no.2 filed objection stating that the lands were allotted to the University by opposite party no.1 for construction of a building. Possession of the lands was handed over to opposite party no.2. The University has spent a huge amount, constructed the boundary wall and developed the lands. The petitioners have no semblance of right, title and interest over the same. Defendant no.5 supported the case of defendants 3 and 4. By order dated 5.1.2017, learned trial court dismissed the interim application for injunction. Aggrieved by and dissatisfied with the order, the plaintiffs filed F.A.O.No.05 of 2017 before the learned Additional District Judge, Athagarh, which was eventually dismissed.