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Gagan Behera Vs State of Odisha — Land Acquisition | Orissa HC (2022)

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Orissa HC
2022
Gagan Behera Vs State of OdishaGagan Behera v. State of Odisha

Disposed

Gagan Behera v. State of Odisha

Orissa HC21 Nov 2022WP(C)/27854/2022

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition seeking to quash an encroachment notice and direct land settlement without expressing an opinion on merits, directing the respondent to decide on a representation within three months.

What did the court decide?

Directing the opposite parties to take a decision on the representation filed by the petitioners and pass an appropriate order within three months.

What the court decided

AI extract

Outcome

Directing the opposite parties to take a decision on the representation filed by the petitioners and pass an appropriate order within three months.

Issue for consideration

Whether the writ petition to quash the encroachment notice and direct land settlement should be disposed of without expressing opinion on merits?

Detailed headnote1 paragraphs

The Court disposed of the writ petition without expressing an opinion on the merits. It directed the authorities to entertain a representation filed by the petitioners and pass an appropriate order within three months of the order's production.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 27854 of 2022

Gagan Behera and another

….. Petitioners

Mr.B.K. Parida-2, Advocate

Vs.

State of Odisha and others

Opposite parties

State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

21.11.2022

Order No.

01

This matter is taken up through hybrid mode.

Heard learned counsel for the parties

The petitioners have filed this writ petition seeking to quash the notice dated 16.03.2022 in Encroachment Case No. 23/2/22 vis-à-vis the encroachment proceeding pending before opposite party no.3 and to direct the opposite parties to settle the land in favour of the petitioners in accordance with law.

In course of hearing, learned counsel for the petitioners states that highlighting the grievance, the petitioners have made representation to the opposite party no.2 vide Annexure-3 and direction may be given to consider and dispose of the same, within a stipulated time, to which learned Counsel for State has no objection.

As agreed to by learned counsel for the parties, this Court without expressing any opinion on the merits of the case, disposes of the writ petition directing the opposite party no.2 to take a decision on the representation filed by the petitioners vide Annexure-3, and pass appropriate order in accordance with law, within a period of three months from the date of production of certified copy of this order by the petitioners.

Issue urgent certified copy as per rules.

Ashok

(DR. B.R. SARANGI, J.)

Page 1 of 1

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the writ petition to quash the encroachment notice and direct land settlement should be disposed of without expressing opinion on merits?

Parties & counsel

AI extract

petitioner
Gagan Behera
respondent
State of Odisha

Coram

AI extract

B.R. Sarangi

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 21 Nov 2022 · November
Registered: 20 Oct 2022
Case no.: WP(C)/27854/2022
CNR: ODHC010713472022
Topic: Land Acquisition
Bench: B.r.sarangi
Disposal: Disposed Off

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Cite this judgement

Gagan Behera v. State of Odisha, WP(C)/27854/2022 (OD), decided on 21 November 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

B.R. Sarangi

Parties & counsel