Disposed

Raj Kishor Pattanaik v. State of Orissa

Orissa HC11 Aug 2021WP(C)/16/2018

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition seeking to quash an eviction notice and sought four weeks for the authority to reconsider the pending show-cause reply while the interim order of vacation continued.

What did the court decide?

Director Opposite Party No.3 to consider pending reply to show cause and pass appropriate order within four weeks; interim order of 09.01.2018 to continue.

Raj Kishor Pattanaik Vs State of Orissa — Pension and Retirement Benefits | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 16 of 2018

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Raj Kishore Pattnaik ….. Petitioner Mr. B.P. Das, Advocate

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Vs.

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State of Odisha and others ….. Opposite parties Mr. A.K. Mishra, AGA

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CORAM:

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DR. JUSTICE B.R. SARANGI

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ORDER

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11.08.2021

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Order No. This matter is taken up through hybrid mode. 03

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The petitioner has filed this writ petition seeking to quash the notice of eviction dated 04.12.2017 under Annexure-3 and to issue direction to the opposite party no.3 to allow sufficient time enabling him to find out alternate arrangement.

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Mr. B.P. Das, learned counsel for the petitioner contended that pursuant to the notice of eviction issued by opposite party no.3 under sub-section (1) of Section 4 of the Orissa Public Premises (Eviction of Unauthorized Occupants) Act, 1972 calling upon the petitioner to file show cause by 26.09.2017, the petitioner has already submitted reply to the show cause on 26.09.2017, on which date the date of hearing of the proceeding was fixed. As such, though the date of hearing was fixed, effectively the same has not been done. It is further contended that while entertaining this writ petition, vide order dated 09.01.2018, this Court passed interim order protecting the interest of the petitioner. But now a fresh notice has been issued by the authority on 04.08.2021 to vacate the quarter no.8 (Kamali Bazar) completely within seven days of issue of the notice, failing which action as deemed fit will be taken and the Sambalpur Municipal Corporation will take the possession of the quarter.

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Considering the contention raised by learned counsel for the petitioner and after going through the records, since

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the petitioner has already filed reply to the show cause notice dated 04.12.2017 and the matter is still pending, opposite party no.3 is directed to consider the same and pass appropriate order by following due procedure, as expeditiously as possible, preferably within a period of four weeks. Till then, the interim order dated 09.01.2018 passed by this Court shall operate.

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With the above observation and direction, the writ petition stands disposed of.

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Issue urgent certified copy as per rules.

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Ashok

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(DR. B.R. SARANGI) JUDGE

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Raj Kishor Pattanaik v. State of Orissa

Case brief

What is this about?

What did the court decide?

Raj Kishor Pattanaik v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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