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2004 Supreme(Ori) 477

R.N.BISWAL
Surendra Kumar Patra – Appellant
Versus
Kanduri Bhatta – Respondent


Advocates:
For Petitioner:M/s. S. P. Mishra, S. Mishra and S. Nanda
For Opp.Parties:M/s. B. Routray, D. K. Mohapatra, P. K. Dash, B. B. Routray, D. Mund and B. N. Senapati (For o.ps. 1 to 3)

JUDGMENT

R. N. BISWAL, J. — The order dated 16.10.2004 passed by the Executive Magistrate, Puri in Criminal Misc. case No.439 of 2004 arising out of a proceeding U/s. 144 Cr.P.C. wherein he directed the S.D.O., CESCO, Puri Division-II (2nd party No.1) to restore power supply to the 2nd party No.2 keeping in view the decision of C.D. case No.166 of 2004 and avoiding the disputed plot Nos.285, 286 and 287 is under challenge by the 2nd party No.2 in this revision.

2. The present petitioner was the 2nd party No.2 while Opp.Party Nos.1 to 3 were the 1st party and O.P. No.4, the S.D.O., CESCO, Puri Division No.II at Red Cross Road was the 2nd party No.1 before the Court below in Crl. Misc. case No.439 of 2004.

3. As per the case of the 1st party the disputed property as described in Schedule A and B of the petition under Section 144 Cr.P.C. originally belonged to Radha Mohan Dev Bije at vil¬lage Naskari Patna, the private deity of Bhabani Prusty, Radhamon Prusty and other Prusty family members of village Kadalibari Patna Samil Bharatipur. Late Agadhu Bhatta, the grandfather of the 1st party members was inducted as a permanent tenant to the aforesaid property by Damodar Prusty, the then M














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