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1979 Supreme(Ori) 9

N.K.DAS
RAJKISHORE PRASAD – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
B.RATH, D.P.MOHAPATRA, P.C.MISHRA, S.P.Misra

N. K. DAS, J.

( 1 ) PLAINTIFFS are petitioners against an order rejecting their petition filed under order 11, Rule 12 of the Civil P. C. Plaintiffs filed a suit for permanent injunction restraining the defendants from interfering with their possession and not to come over their land or change the status quo thereof. The dispute relates to a portion of a plot belonging to the Jagannath Road Fund Trust. It is contended by the plaintiffs in the plaint that their father was a lessee in respect of the property in question and had erected a house thereon. After expiry of the lease period, at the instance of the Jagannath Road Fund, demand was made for depositing money for renewal of the lease and money was accordingly deposited. Though the formal lease deed has not yet been executed, the plaintiffs have been in possession of the land with the present structures standing thereon. During the period of Emergency, all of a sudden some officers of the State Government and of the Municipality along with a a police force came with heavy machineries on 30-6-1975 and without any prior notice they demolished the permanent construction standing on the land of the plaintiffs in spite of protest an












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