Petitioner filed a writ petition to quash an eviction notice issued in defiance of a prior Court order staying eviction. The Court held no fresh petition was maintainable.
The writ petition stands disposed of; parties must utilize the copy of the prior order.
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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
W.P.(C) No.4740 of 2021
Krushana Chandra Kamala … 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.01/20 under Annexure-5.
It appears that the petitioner had earlier approached this Court vide W.P.(C) No.38082 of 2020 challenging the eviction notice during the pendency of the Revision Petition No.2 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 petitioner can file a fresh writ petition for protection when eviction was already stayed by a prior order and the subsequent notice was issued in defiance of that order.
Krushana Chandra Kamala
The State of Odisha and others
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
