Disposed

Harachandi Thakurani v. Commnr.Consolidation

Orissa HC20 Dec 2016OJC/9968/2001

Case brief

AI extract

What is this about?

This Court disposed of a writ petition challenging an order refusing a stay under Section 37(1) of the O.C.H. & P.F.L. Act. Finding the petition involved only evasion of eviction, the Court directed that no eviction occur if the underlying consolidation revision case remains pending, until its conclusion.

What did the court decide?

No eviction of the petitioners shall take place till the conclusion of the pending Consolidation Revision Case No.579/2001.

Harachandi Thakurani Vs Commnr.Consolidation — Landlord and Tenant | Orissa HC (2016)

¶1

 O.J.C. No.9968 of 2001
20.12.2016

¶2

Heard Mr. D.P. Sarangi, learned counsel for the petitioners and learned State Counsel .

¶3

 This writ petition has been filed as against the order passed by the revisional author
ity in a proceeding under Section 37(1) of the O.C.H. & P.F.L. Act refusing to grant an order
of stay.

¶4

 In entertaining this writ petition, this Court by its order dated 9.8.2001 granted an
interim order to the extent that the petitioners may not be evicted without leave of the Court
 but this Court did not stay the proceeding. Proceeding initiated in the year 2001must have be
en over by this time.

¶5

 Under the circumstances, this Court finds, the writ petition only involves stay of evi
ction of the petitioners. For efflux of time, nothing survives in this writ petition to be adj
udicated upon by this Court.

¶6

 Considering the above, this Court disposes of this petition with a direction that in t
he event, the Consolidation Revision Case No.579/2001 is still pending, there shall be no evic
tion of the petitioners till conclusion of the proceeding.

¶7

 Issue urgent certified copy on proper application.

¶8

 Biswanath Rath, J.

¶9

Harachandi Thakurani v. Commnr.Consolidation

Case brief

What is this about?

What did the court decide?

Harachandi Thakurani v. Commnr.Consolidation

Case brief

What is this about?

What did the court decide?

What the court decided

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