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2017 DAILYLAW 1546 (ORI)

JADUMANI SAHU v. STATE OF ORISSA

WP(C)/4734/2017 · 2026-03-13

Chittaranjan Dash

Writ Petition (Civil)body2017

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4734 of 2017 Jadumani Sahu …. Petitioner None -versus- State of Orissa and Others …. Opp. Parties Mr. J. Khandayataray, ASC CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 13.03.2026 01. 1. None appears for the Petitioner on call. 2. As seen from the application, the Petitioner seeks the following relief: “The petitioner is therefore most humbly prayed that this Hon'ble court may graciously be pleased to admit: this Writ application, call for the records after hearing of the parties issue writ/writs in the nature of certiorari/mandamus or any other writ(s) as this Hon’ble court deems fit and proper and thereby quash/set aside the impugned order under Annexure-1 passed in R.P. Case No.851/2013 and allow the sane for the greater interest of the justice” 3. It appears from the record that the vendor of the Petitioner executed two sale deeds-the first in favour of the Petitioner and the second in favour of Opposite Party Nos.4 to 6. The dispute was examined by the Additional Commissioner, Settlement & Consolidation, Sambalpur in R.P. Case No.851 of 2013, wherein relief was declined to the Petitioner on the ground that the controversy essentially relates to the declaration of voidability of a registered instrument, which falls within the jurisdiction of the competent Civil Court. There appears to be no infirmity in the said order. Although the legal position is clear that once a vendor executes a sale deed, he is divested of his right, title and interest in the property conveyed, any subsequent sale deed executed in respect of the same property is required to be set aside or declared void by a competent Civil Court, which alone has the jurisdiction to adjudicate such issues. 4. In view of the above, the impugned order is found to be consistent with the settled position of law and no infirmity is made out warranting interference by this Court. Accordingly, the Writ Petition stands dismissed. (Chittaranjan Dash) Judge AKPradhan /Priyanka Designation: Senior Stenographer