Dismissed

Bikash Ranjan Panda v. State of Odisha

Orissa HC1 Jul 2021WP(C)/15866/2021

Case brief

AI extract

What is this about?

This is a writ petition where the petitioner sought challenge against an eviction notice. The High Court accepted the argument that the eviction order was appealable under the Orissa Prevention of Land Encroachment Act and disposed of the writ petition as withdrawn, allowing the petitioner to file an appeal and granting an interim stay on the notice.

What did the court decide?

Writ petition disposed of as withdrawn; petition allowed to file appeal within four weeks; eviction notice stayed.

Bikash Ranjan Panda Vs State of Odisha — Orissa HC (2021) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 15866 OF 2021

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Bikash Ranjan Panda

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…. Petitioner Mr. Pratap Keshari Deo, Advocate

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-versus-

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State of Odisha and others …. Opp. Parties

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Miss Sanjibani Mishra, Additional Standing Counsel

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

01.07.2021

This matter is taken up through video conferencing mode.

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The Petitioner in this writ petition seeks to assail the notice of eviction issued by the Tahasildar, Ghasipura-opposite party No.3 in Encroachment Case No.4-213 of 2020.

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In course of hearing, Mr. Deo, learned counsel for the petitioner submits that the order of eviction under Annexure-6 is an appealable one under Section 12(1) of the Orissa Prevention of Land Encroachment Act, 1972 (for short, ‘the Act’).

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Hence, he prays for withdrawal of the writ petition to approach the appellate authority by filing an appeal. He further prayed for an interim protection in the interregnum.

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Accordingly, this writ petition is disposed of as withdrawn. It is open for the petitioner to file an appeal against the order of eviction within a period of four weeks hence along with an authenticated copy of this order. In order to enable the

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// 2 //

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petitioner to file an appeal and move an application for interim protection, the impugned notice dated 22.04.2021 issued by the Tahasildar, Ghasipura in Encroachment Case No. No.4-213 of 2020 shall be kept in abeyance, if the same has not yet been given effect to.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25^th March, 2020 as modified by Court’s Notice

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No.4798, dated 15^th April, 2021.

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bct

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(K.R. Mohapatra)
Judge

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Bikash Ranjan Panda v. State of Odisha

Case brief

What is this about?

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Bikash Ranjan Panda v. State of Odisha

Case brief

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