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Judgment
This matter is taken up through hybrid mode.
The Petitioner in this writ petition seeks to assail the order dated 23.05.2023 (Annexure-8) passed by the Tahasildar, Baranga-Opposite Party No.4 rejecting his application for exchange of land.
Mr. Panda, learned counsel for the Petitioner submits that Khata No.146 of Mouza-Bhualo stands recorded in the name of the father of the Petitioner. Plot Nos.281 and 282 under Khata No.264 of the said mouza stands recorded in the name of the Government. The Government land situates adjacent to the land of the Petitioner. While making construction of their residential house, father of the Petitioner inadvertently constructed the house over the Government plot for which encroachment proceeding was initiated and eviction order was passed. Thereafter, the Petitioner made an application for exchange of the Government land with the land recorded in the name of his father. As Tahasildar, Baranga did not take any action on the same, the Petitioner filed W.P.(C) No.11275 of 2023 which was disposed of by this Court vide order dated 21st April, 2023 with a direction to the Tahasildar, Baranga to dispose of the application filed by the Petitioner for exchange of his land with that of the Government. Consequently, the Tahasildar, Baranga vide order dated 23.05.2023 (Annexure-8) rejected the application. Hence, this writ petition has been filed assailing the said order.
It is submitted by Mr. Panda, learned counsel for the Petitioner that pursuant to the order under Annexure-8, part of the residential house of the Petitioner has already been demolished. The Petitioner is staying in the said house with his old mother. Since the order impugned herein is appealable, he prays for withdrawal of the writ petition to avail the statutory remedy. He, however, submits that in order to enable the Petitioner to avail the statutory remedy, his protection over the Government land should be protected at least for 10 days.
Mr. Mishra, learned Additional Standing Counsel for the State submits that since the order impugned herein is appealable, the Petitioner may avail the statutory remedy and pray for interim protection before the Appellate Authority.
Taking into the consideration the rival contentions of the parties, this Court disposes of the writ petition as withdrawn with a direction that status quo with regard to the possession over Plot Nos.281 and 282 under Khata No.264 in Mouza-Bhualo under Barang Tahasil in the district of Cuttack shall be maintained for a period of ten days hence. In the meantime, the Petitioner, if so advised, may move the appellate authority and pray for interim protection.
It is made clear that this Court has not expressed any opinion on the merits of the case of the Petitioner.
Urgent certified copy of this order be granted on proper application.
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