Writ petition challenging eviction threat by opposite parties. Bench disposed of application directing petitioner to file fresh representation within 15 days for consideration.
Writ application disposed; direction to file fresh representation for redressal within 15 days.
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W.P.(C) NO.2741 of 2021
The Petitioner has filed this writ application assailing the action of the Opposite Parties in threatening the Petitioner for eviction without following due procedure law.
Learned counsel for the Petitioner submits that this Petitioner is in possession of the said land belonging to the State since more than 30 years by constructing a residential house over the same. He also submits that the Petitioner is a landless person and deserves to be settled with the land under section 8(A) of the OPLE Act. At this stage, he comes up with the limited prayer as to the disposal of the writ application with a direction to the Opposite Party No. 3 (Tahasildar, Kandhamal) to consider and dispose of the application of the Petitioner that he would be filing within fifteen days hence in accordance with law.
Learned Additional Govt. Advocate submits that if the Petitioner would be filing fresh representation before the Opposite Party No. 3, the same would be considered and disposed of early in accordance with law. Considering the submissions made and on going through the averments taken in the petition as also the documents annexed thereto; further keeping in view the limited nature of prayer without expressing any opinion of the
merit of the case of the Petitioner, this writ application stands disposed of with the observation that in the event the Petitioner files the representation afresh describing his grievance for his redressal along with certified copy of the order within fifteen days hence; the same would be considered and disposed of in accordance with law under intimation to the Petitioner within three weeks therefrom.
Issue urgent certified copy as per rules.
………………… D. Dash, J.
Aks
1 issue framed by the court
Whether the writ application should be disposed of on the petitioner's fresh application regarding eviction threat.
Petitioner
Opposite Parties
D. Dash
As recorded by the court registry
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