The writ application was disposed of with a limited observation that the appeal against eviction would be considered on merits if filed within three weeks, notwithstanding the Limited Earnings Act.
No coercive action shall be taken if the memorial of appeal is filed within three weeks along with an interim order application.
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W.P.(C) NO. 5701 OF 2020
02. 20.02.2020
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submission made and further keeping in view the limited nature of grievance, without expressing any opinion on the merit of the contentions; this writ application stands disposed of with an observation that in case the petitioner presents the memorandum of appeal, as provided under the O.P.L.E. Act and the rules made thereunder in challenging the order of eviction passed by the opposite party no.2 in L.E. Case No.143 of 2018-19 within three weeks hence, the same shall be considered on its own merit and disposed of it in accordance with law.
It is open for the petitioner to file an application before the said appellate authority seeking an interim order in respect of the property in question, during pendency of the appeal. In the event, the memorandum of appeal is filed with the application for interim order within the time as stipulated, no coercive action shall be taken against the petitioner till disposal of that interim application or the appeal, whichever is earlier.
Issue urgent certified copy as per the rules.
…………………….. D. Dash, J.
Narayan
Narayan
State
D. Dash
As recorded by the court registry
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