In this CMP, the High Court of Orissa directed the trial Court to endeavour for the early disposal of a fourteen-year-old rent-recovery suit, noting the absence of the order sheet but observing the suit's age and readiness.
Direction to the trial Court to endeavour for the early disposal of the suit and for parties to cooperate.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP NO.1052 of 2022
Ashok Bhol
Petitioner
Mr. Sourav Tibrewal, Advocate
-versus-
Administrative Manager, PCL-STICCO, Ganjam and another
…. Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
04.11.2022
“Accordingly, we dispose of the writ petition with direction that all the materials stored may be released in favour of the petitioner-National highway Authority in presence of the local jurisdictional police of the Circle Inspector rank after conducting an inventory. The entire exercise shall be completed within two weeks from the date of receipt of this order.”
It is his submission that NHAI had taken the suit land on rent recorded in the name of the Petitioner for the purpose of storing materials for construction of National Highway. Since they did not pay any rent to the Petitioner the aforesaid suit has been
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filed. Written statement in the suit has already been filed since 2018 and the suit is ready in all respect for early disposal. Learned counsel for the Petitioner, however, submits that he has no instruction as to whether there is any legal impediment for early disposal of the suit. He further submits that since the suit is pending for last fourteen years, an endeavour should be made for early disposal of the suit.
Issue urgent certified copy of the order on proper application. (K.R. Mohapatra) Judge
s.s.satapathy
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2 issues framed by the court
Whether the trial Court is directed to make an endeavour for the early disposal of a suit pending for fourteen years in the absence of legal impediments?
Whether the parties are required to cooperate with the trial Court for the disposal of the suit?
Ashok Bhol
Administrative Manager, PCL-STICCO, Ganjam
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
