Disposed

Kamalakanta Mohanty v. Collector,Balasore

Orissa HC5 Apr 2016WP(C)/22667/2014

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging an eviction notice from the State Government. It directed the petitioners to file a representation for alternative business space and provide an undertaking to vacate by May 2016, before considering the petition formally.

What did the court decide?

Petition disposed; direction to file representation for alternative business space and undertake to vacate by May 2016.

Kamalakanta Mohanty Vs Collector,Balasore — Land Acquisition | Orissa HC (2016)

¶1

W.P.(C) NO.22667 OF 2014
05.04.2016

¶2

 Heard learned counsel for the parties.

¶3

 This Writ Petition has been filed by the petitioners challenging the notice dated 14.1
0.2014 under Annexure-2-series issued by the Tahasildar, Khaira under Form-Kha in Encroachment
 Case No.1132/13-14 directing for eviction of the petitioner over Plot No.140 under Khata No.3
06 measuring an area of Ac.0.08 dec. of Mouza-Purusottampur in the district of Balasore.
 Since the said order is appealable one and the petitioners have not filed any appeal c
hallenging the order of the same. Admittedly the land belongs to the State Government as revea
ls the order. However, the petitioners have filed a representation before the opposite party
No.1 in the year 2015, the same has not been considered as yet.

¶4

 Considering the above facts and circumstances of this Case, this Court disposes of thi
s Writ petition with a direction that in case the petitioners will file a representation befor
e the said opposite party No.1 within a week for identifying alternative area to carried out t
heir business in Daily Hat and giving an undertaking that they will vacate the area at present
 under their possession by end of May, 2016, in such event the opposite party no.1 shall consi
der the same in accordance with law.

¶5

 The interim order dated 21.11.2014 passed by this Court in Misc. Case No.20075 of 2014
 stands vacated.

¶6

 S. Panda, J.

¶7

Kamalakanta Mohanty v. Collector,Balasore

Case brief

What is this about?

What did the court decide?

Kamalakanta Mohanty v. Collector,Balasore

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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