The court disposed of a writ petition seeking quashing of impugned orders regarding residential property. The court granted liberty to the petitioners to file a civil suit within fifteen days and extended an interim order protecting their residence.
Liberty to file a civil suit within fifteen days; interim order continuing till suit is filed.
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W.P.(C) No.13033 OF 2018
10 09.12.2019 Heard Mr. P.K. Rath, learned counsel for the petitioners and Mr. A.K. Mishra, learned Additional Government Advocate.
The petitioners have filed this writ petition to quash the order dated 15.12.2017 passed by the Collector, Sundargargh in Appeal Case No.05 of 2017 OPP(E) in Annexure-1 and the order dated 24.03.2017 passed by the Sub-Collector-cum-Enforcement Officer, Sadar, Sundargarh in OPP (EUO) Case No.19 of 2017 in Annexure- 2.
Mr. P.K. Rath, learned counsel for the petitioners fairly stated that to establish the title, the petitioner remedy to approach the appropriate forum by filing a suit in accordance with law. But, he further stated that the residential house of the petitioners be protected till filing of the suit to which learned Additional Government Advocate has no objection to such contention.
Considering the contentions raised by learned counsel for the parties, this Court disposes of the writ petition granting liberty to the petitioners to file civil suit within a period of fifteen days from today in accordance with the provisions of law ventilating their grievances. Interim order dated 18.04.2019 passed by this Court shall continue till 24.12.2019.
Urgent certified copy of this order be granted on proper application.
…………….…………… (DR. B.R. SARANGI)
JUDGE
Alok
2 issues framed by the court
Whether the petitioners should be granted liberty to file a civil suit for establishing title to their residential house.
Whether the interim order protecting the residence should continue till the filing of the suit.
1 provisions across 1 enactments
The Petitioners
The State of Jharkhand
B. R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
