The High Court dismissed a writ petition challenging an eviction notice for encroached land pending appeal to the appellate authority, granting liberty to file the appeal and staying eviction during the appeal period.
The petition dismissed with liberty to file appeal; eviction stayed until appeal period expires.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
W.P.(C) No.3612 of 2021
Laxmidhar Behera. … Petitioner
O R D E R
Defects, as pointed out by the S.R. are removed.
Heard learned counsel for the parties.
This Writ Petition has been filed by the petitioner challenging the illegal notice issued by the Tahasildar, Chandbali directing to evict the petitioner from the encroached land even though the petitioner possessing the said land for more than thirty years by constructing a house for the purpose of resident.
The impugned order under Annexure-1 being appealable, I am not inclined to entertain this writ petition and liberty is given to the petitioner to approach the appellate authority against such order at Annexure-1 passed in an Encroachment Case within three weeks hence with the petition for condonation of delay, if any.
Accordingly, this Writ Petition stands disposed of. However, it is made clear that till expiry of the aforesaid period or filing of the appeal whichever is
2
earlier, no eviction shall be made pursuant to the notice under Annexure-1.
The parties may utilize the copy of this order as per the High Court’s Notice No.4587 dated 25.03.2020.
…………………….. S. Pujahari, J.
SKB
1 issue framed by the court
Whether the writ petition challenging an eviction notice should be entertained given the availability of an appellate remedy.
Laxmidhar Behera
Collector, Bhadrak
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
