The writ petition challenging a revisable encroachment order was dismissed. The Court granted liberty to file a revision after condonation of delay within fifteen days and restrained eviction until that period expired.
Writ petition dismissed; liberty granted to approach revisional authority within fifteen days with stay on eviction.
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CORAM: HON’BLE SHRI JUSTICE S.PUJAHARI
W.P.(C) No.14014 of 2020
Amulya Ojha & another … Petitioners - Versus - State of Odisha & others … Opp. Parties
O R D E R
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners have filed this writ petition challenging the order dated 19.11.2019 passed by the SubCollector, Jagatsinghpur in Encroachment Appeal No.8 of 2015.
However, it appears to this Court that the aforesaid order is revisable one but the petitioners without approaching the revisional authority have come to this Court challenging the same.
Confronted with the aforesaid, learned counsel for the petitioners submits that the petitioners could not file the revision within time stipulated and in the meanwhile due to spread of pandemic Covid-19 virus, there being no normal functioning of the revisional authority and as such, they were unable to approach the revisional authority, coupled with the fact that the existence of an alternative remedy
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being not a bar to entertain the writ petition, this Court should entertain the writ petition, which is objected to by the learned counsel for the State.
On consideration of the facts and circumstances of the case, this Court, though conscious of the position of law that existence of an alternative statutory remedy is no bar to entertain the writ petition still not inclined to entertain this writ petition in the given facts and circumstances of the case but giving liberty to the petitioners to approach the revisional authority with a petition for condonation of delay within fifteen days disposed of the writ petition. However, till expiry of the period of fifteen days, no eviction of the petitioners shall be made from the land in question pursuant to the impugned order with further observation that the revisional authority shall sympathetically consider the petition for condonation of delay in filing the revision.
In view of the disposal of the writ petition, the I.A stands disposed of being closed.
As lock-down period is continuing for COVID-19, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.
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S.Pujahari, J.
RKS
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2 issues framed by the court
Whether the Court should entertain a writ petition challenging a revisable order without approaching the revisional authority.
Whether an alternative remedy bars the writ application in circumstances of pandemic-induced delay.
Amulya Ojha
another
State of Odisha
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
