Simanchal Nanda Vs State of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 7245 of 2018

1. Simanchal Nanda 2. Sibaram Swain 3. Aditya Kumar Sahu 4. Daka Khanduala 5. Raghu Pradhan 6. Ranka Behera 7. Gandhi Pradhan 8. Jaya Pradhan 9. Laxman Pradhan 10. Bhima Pradhan 11. Rama Chandra Pradhan 12. Pramoda Pradhan 13. Abhimanu Pradhan 14. Udaya Pradhan 15. Debaraj Pradhan 16. Bijay Pradhan 17. Hari Pradhan ….. Petitioners Mr. Suresh Kumar Choudhury, Advocate

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-versus-

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1. State of Odisha 2. Commissioner of Endowments Odisha, Bhubaneswar 3. Sri Mahanta Rabi Narayan Das 4. Odisha Power Transmission Corporation Ltd., Berhampur ….. Opp. Parties Mr. Manmaya Kumar Dash, A.S.C. (for O.P. No.1)

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Mr. Amit Kumar Nath, Advocate (for O.P. No.2)

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Mr. Dibya Kanta Dash, Advocate (for O.P. No.3)

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Ms. S. Pattanaik, Advocate (for O.P. No.4)

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CORAM:

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JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

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ORDER 22.07.2025

Order No.

This matter is taken up through hybrid mode.

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Petitioners in this writ petition seek to assail the sale deed executed by the person-in-Management of Sri Mahanta Rabi Narayan Das of Biranchi Narayan Math, At- Buguda in the district of Ganjam.

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Mr. Suresh Kumar Choudhury, learned counsel for the Petitioners submits that the Petitioners are tenants under the Math and they are paying Rajbhag to the said Math. Without following due procedure of law and issuing notice to the Petitioners, the land in question has been alienated in favour of Opposite Party No.4 – Odisha Power Transmission Corporation Ltd. for construction of Grid Substation. Hence, he submits that since the Petitioners are in possession over the land in question, the sale in favour of Opposite Party No.4 is per se illegal and the registered sale deed executed should be set aside.

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Mr. Amit Kumar Nath, learned counsel for the Commissioner of Endowments, Odisha, Bhubaneswar - Opposite Party No.2 submits that the land of Opposite Party No.2 Math has been alienated following due procedure of law. Hence, the Petitioners do not have any say in the matter. Further, the locus standi of the Petitioners to challenge the sale is also doubtful. He further submits that if the Petitioners are aggrieved by the execution of sale deed in favour of Opposite Party No.2 by Opposite Party No.3 Math, they should take shelter of the Civil Court.

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Mr. Manmaya Kumar Dash, learned Additional Standing Counsel appearing for Opposite Party No.1, Mr. Dibya Kanta Das,

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learned counsel for Opposite Party No.3 Math and Ms. S. Pattanaik, learned counsel appearing for Opposite Party No.4 also support the submission of Mr. Nath, learned counsel appearing for Commissioner of Endowments, Odisha, Bhubaneswar.

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At this stage, Mr. Choudhury, learned counsel for the Petitioners prays for withdrawal of the Writ Petition to avail statutory remedy for protection of the right of the Petitioners. 7. Learned counsel for the Opposite Parties do not have any objection to the same. 8. In that view of the matter, the Writ Petition is disposed of as withdrawn with an observation that the withdrawal of the Writ Petition shall not stand on the way of the Petitioners to workout their remedy in accordance with law, if any, available.

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Urgent certified copy of this order be granted on proper application.

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(K.R. Mohapatra) Judge

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(Savitri Ratho) Judge

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Sukanta

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Signature Not Verified

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Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 23-Jul-2025 18:33:04

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Simanchal Nanda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Simanchal Nanda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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