A writ petition under Article 226 assailing an order that partly abated a suit was disposed of. The Court, upon learning that the consolidation operation under the Act has been closed, directed the trial court to proceed expeditiously.
Trial court directed to proceed with suit and dispose of it expeditiously by end of March, 2016.
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W.P.(C) No.2514 of 2007
19.11.2015 Assailing the order dated 6.12.2006 passed by the learned Civil Judge (Sr. Div
n.), Balasore in C.S. No.416 of 2004-I vide Annexure-4, the instant petition is filed under Ar
ticle 227 of the Constitution of India. By the said order, learned trial court partly abated t
he suit.
Heard learned counsel for the parties.
When the matter was taken up on 30.9.2015, this Court directed the learned Add
itional Government Advocate to obtain instruction as to whether the notification under Section
41 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972
(hereinafter referred to as the Act) has been issued.
On instruction, learned Additional Standing Counsel submits that the notificat
ion under Section 41(1) of the Act has been issued by the Government in its Revenue and Disast
er Management Department on 26.11.2010 notifying that the consolidation operation of the area,
where the land falls, has been closed.
In view of the fact that the consolidation operation is closed, learned trial
court shall proceed with the suit and dispose of the same as expeditiously as possible prefera
bly by end of March, 2016.
The petition is disposed of.
Dr.A.K.Rath, J.
2
1 provisions across 1 enactments
A.K.Rath
As recorded by the court registry
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