Disposed¶23

Binaya Khatua v. State of Orissa

Orissa HC4 Apr 2025WP(C)/4863/2018

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; W.P.(C) No.4863 of 2018; Binaya Khatua & Ors. v. State of Orissa & Ors.; order dated 04.04.2025 by Dr. Justice S.K. Panigrahi; eviction threat from Plot No.316/1209, Khata No.282, Mouza Panumurga, Dhenkanal; State counsel: no steps to evict taken; pending civil suit C.S. No.113/2017 (injunction, suit land 'Astirakuda', villagers of Beguniapal); writ disposed directing Petitioners to pursue civil remedy; alternative-remedy/pendency-based disposal; no statutes or case law discussed.

What did the court decide?

Petitioners directed to pursue their remedy before the learned Civil Judge (Junior Division), Dhenkanal for proper adjudication; Writ Petition disposed of. ¶23

Binaya Khatua Vs State of Orissa — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4863 of 2018

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Binaya Khatua & Ors. …. Petitioners

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Represented By Sr. Adv. Mr. S. K. Mishra Along with Associates

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-versus-

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State of Orissa & Ors.

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…. Opposite Parties Represented By ASC Mr. P. P. Behera

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

Order

04.04.2025

No.

1 . This matter is taken up through hybrid arrangement.

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2. The Petitioners have filed this Writ Petition challenging the action of the Opposite Parties in taking steps to evict the Petitioner from the land pertaining to Plot No.316/1209 under Khata No.282 measuring an area of Ac. 20850 decimal in Mouza Panumurga under Sadar P.S. in the district of Dhenkanal despite the fact that the right of the Petitioner over the aforesaid land has been recognized by the State Government and the Petitioner is paying rent in respect of the aforesaid land.

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3. Heard learned counsels for the Parties.

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4. Learned Sr. Counsel for the Petitioner submits that a

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Civil Suit is pending before the Civil Judge (Junior Division), Dhenkanal bearing C.S. No.113/2017 impleading some of the villagers in the village of Beguniapal praying therein for injuncting the defendants from dispossessing the Petitioners from the suit land (Astirakuda).

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5. On instructions, learned counsel for the State submits that the Opposite Parties have not taken any steps to evict the Petitioners from the land in question.

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6. Considering the facts and submissions made and since the Civil Suit bearing C.S. No.113/2017 is pending before the learned Civil Judge (Junior Division), Dhenkanal, the Petitioners are directed to pursue their remedy before the learned Civil Judge (Junior Division), Dhenkanal for proper adjudication of the matter.

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7. Accordingly, the Writ Petition is disposed of.

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(Dr. S.K. Panigrahi)

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Signature Not Verified

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Judge

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Digitally Signed

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Signed by: SUMITRA NAYAK Sumitra Reason: Authentication Location: High Court of Orissa, C utta ck Date: 05-Apr-2025 15:44:42