Disposed

Tapan Ku.Lenka and Ors. v. State and Ors.

Orissa HC12 Apr 2021WP(C)/9535/2012

Case brief

AI extract

What is this about?

In this writ petition, the High Court directed the Collector, Cuttack, to examine a representation regarding orders under CrPC Section 133, issue notice to affected parties, and pass a reasoned order after a hearing.

What did the court decide?

Direction to the Collector, Cuttack to examine representation, issue notice to all parties, hold a hearing, and pass a reasoned order by 5th July, 2021.

Tapan Ku.Lenka and Ors. Vs State and Ors. — Writ and Judicial Review | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.9535 of 2012

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Tanpan Kumar Lenka and others …. Petitioners Mr. S.C. Pani, Advocate

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-versus-

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State of Odisha and others …. Opposite Parties Mr. M. S. Sahoo, Additional Government Advocate for State

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CORAM: THE CHIEF JUSTICE JUSTICE B. P. ROUTRAY

ORDER 12.04.2021

Order No.

This matter is taken up by video conferencing mode.

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Learned counsel for the Petitioners states that at this stage they will be satisfied if their representation at Annexure-4 is examined by the District Magistrate-cum-Collector, Cuttack, in which they have sought for implementation of an order purportedly passed under Section 133 of the Criminal Procedure Code on 30^th June 2007, in Criminal Misc. Case No.174 of 2002 and an order dated 27^th March 2008, passed in Misc. Case No.8 of 2008, by the SubDivisional Magistrate, Banki.

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It may be noticed here that in the counter affidavit filed on behalf of Opposite Party Nos.3 and 4, it is claimed that the above orders were passed without giving them an opportunity to put

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forth their case. Opposite Party No.5 appears to be supporting the case of the Petitioners.

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Be that as it may, without expressing any opinion on the merits of the contentions of any of the parties, a direction is issued to the Collector, Cuttack to examine the aforementioned representation and after issuing notice to all the affected parties including Opposite Party Nos.3, 4 and 5, and after examining the records and giving all parties a hearing to pass a reasoned order, not later than 5^th July, 2021. If aggrieved by such order, it would be open to the parties to seek appropriate remedies in accordance with law.

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The writ petition is disposed of in the above terms.

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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March, 2020.

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(Dr. S. Muralidhar)

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Chief Justice

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( B.P. Routray)

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Judge

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M. Panda

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Tapan Ku.Lenka and Ors. v. State and Ors.

Case brief

What is this about?

What did the court decide?

Tapan Ku.Lenka and Ors. v. State and Ors.

Case brief

What is this about?

What did the court decide?

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