Writ petition filed to quash notification for eviction, which contradicts an earlier Court order. Court held filing a fresh petition is not a valid ground and disposed of the matter.
Writ petition disposed of.
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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
W.P.(C) No.4738 of 2021
Smt. Pravati Mohanty … Petitioner
- Versus -
The State of Odisha and Others … Opp. Parties
O R D E R
Heard.
This writ petition has been filed by the petitioner to quash the notice dated 02.02.2021 issued by the opposite party no.4-Tahasildar, Khurda in Encroachment Case No.03/20 under Annexure-6.
It appears that the petitioner had earlier approached this Court vide W.P.(C) No.37961 of 2020 challenging the eviction notice during the pendency of the Revision Petition No.1 of 2020 before the Collector, Khurda. This Court disposed of the said writ petition on 04.01.2021. The operative portion of the said order reads as thus :
“x xx xxx xxx xxx But, till disposal of the Interim Application by the Revisional Authority concerned, there shall be no eviction of the petitioner from the land in question pursuant to the notice.
2
However, the petitioner must also file a copy of this order before the Tahasildar concerned with an affidavit that the copy of this order has been communicated to the Revisional Authority concerned.”
Now, the petitioner has again come to this Court seeking protection, as the step for eviction has been taken in defiance of this Court order.
Since this Court has passed an order, if the authority at all proceeding in defiance of the said order that is to the peril of the opposite party no.4-Tahasildar, Khurda, inasmuch as, if he has acted in defiance of this Court order, that would expose the opposite party no.4Tahasildar, Khurda to the contempt jurisdiction. But the same is no ground to file a writ petition afresh. With the aforesaid order, this writ petition stands disposed of.
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.
DA
1 issue framed by the court
Whether a fresh writ petition is maintainable when the same matter was disposed of earlier on account of defiance of the Court's order.
Smt. Pravati Mohanty
The State of Odisha
Tahasildar, Khurda
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
