Bar of suits and proceedings :– Not suit or other legal

¹ Omitted by Act 13 of 1982.

² Substituted by Act 4 of 1975.

proceedings in respect of the matter of disputes for determining or deciding which provision is made in this Act shall be instituted in any Court of law except under and in conformity with the provisions of this Act.

NOTES Suit for permanent injunction Civil Court has no jurisdiction as section 16 of OPLE Act is a bar..... – Authorities granting interim order under OPLE Act. Thereafter plaintiff withdrawing the suit. The present petitioner filing petition for transposing them as plaintiffs was rejected. In Revision also they lost, as at any stage the suit was to be dismissed writ petition was held not to be maintainable: 107 (2009) CLT 730: 209 (1) OLR 647 (Mohammed Nasir vs. Jadal Kumar Sahu and others)

• • The question of title by either of the party can be decided by the Civil Court only and not in a summary proceedings under OPLE Act. When there is bonafide dispute with regard to right, title and interest with regard to a land, the Civil Court has jurisdiction to decide the matter. :2008 (1) CLR 951 ( Harekrushna Behera vs. State of Orissa and another) Plots wrongly recorded as Government Land and plaintiff claims to be in possession of the same since long .... Prima facie there is serious dispute with regard to right, title and interest in the two plots. It is not a case that lands were Government Land and the plaintiff is unauthorized occupant of the same. Thus, there being a complicated question of right, title in respect of the suit land Civil Court has got jurisdiction to entertain the suit and adjudicate the question of right, title and interest of the parties:105 (2008) CLT 800: 2008 (II) OLR 170: 2008 (II) CLR 132 (State of Orissa vs. Sahukar Gurumurthy ) In a case where the party raises bonafide question of right, title over the property, authorities cannot adjudicate the same under the provisions of OPLE Act ...... Thus the suit in such a matter is to be entertained by Civil Court and it has jurisdiction to grant proper relief regarding title: 2007 (1) OLR 52 (State of Orissa and another vs. Daitari Sahu and other) When it has been found that the land is Raiyati land and not a government land, the provisions of this Act (OPLE Act) are not applicable and any encroachment case instituted against the occupant of the land is not maintainable. In a case where bonafide dispute arises as to whether the land is Government land or Private land the Government cannot assume unilaterally that it is Government land and can initiate encroachment proceedings under the provisions of OPLE Act: 2007 (1) OLR 550 (Dist. Collector representing State of Orissa and also in the capacity as Collector and others vs. Nirupama Behera and others) Scope under the Provisions of this Act for initiating Encroachment Proceedings explained – There being dispute between two private parties with regard to claim of title over the land. Civil Court is competent to decide the matter: 93 (2002) CLT 119 (Smt. Labongalata Panda vs. State of Orissa)