IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1181 of 2024 Kali Behera …. Petitioner Mr. T. Barik, Advocate -Versus- The District Collector, Gajapati and others …. Opposite parties Mr. P.K.Ray, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 14.02.2025 02. 1. Heard Mr. Barik, learned counsel for the petitioner and Mr. Ray, learned AGA for the State. 2. Instant petition is filed by the petitioner challenging the impugned order dated 4th April, 2024 under Annexure-6 passed in connection with C.S. No.14 of 2019 by learned Civil Judge, Senior Division, Paralakhemundi, Gajapati with a further direction to reconsider the application under Order 1 Rule 10 CPC impleading opposite party Nos.4 and 5 in their personal capacity on the grounds stated therein. 3. The suit is for declaration of title in resect of the Government land and for permanent injunction against the opposite parties. In the said suit, the application under Order 1 Rule 10 CPC was filed by the petitioner seeking impletion of two of the forest officials in personal capacity and the same has been declined by learned court below vide Annexrure-6. It is claimed that the named forest officials are in occupation of portion of the land in respect of which the title is claimed by the petitioner, who is also facing an encroachment proceeding for the same. 4. Considering the nature of dispute and relief sought for therein and the fact that the Forest Department is represented by opposite party Nos.4 and 5 and the suit is defended by the State as well, the Court is of the view that no case is made out for considering any such impletion in terms of Order 1 Rule 10 CPC. However, recording the submission of Mr. Barik, learned counsel for the petitioner, the Court is of the view that if any such exigency would arise in future disturbing the possession of the case land lying at the disposal of the petitioner and in the event, any such application is received by learned court below, the same would be considered in accordance with law. In other word, the Court is not inclined to consider the impletion of any such forest officials in personal capacity in a suit by the State and the Forest Department. 5. Accordingly, it is ordered. 6. In the result, the petition stands disposed of with the observation made herein above. 7. Urgent copy of this order be issued as per rules. (R.K.Pattanaik) Judge Rojina Designation: Junior Stenographer