Disposed

Durga Prasad Agarwal v. State

Orissa HC14 Nov 2023CRLREV/581/2011

Case brief

AI extract

What is this about?

This revision petition challenged a demolition order under Section 133 Cr.P.C. The High Court held that the matter had remained pending without interim orders or admission for years, considering that nothing would survive for adjudication, and thus disposed of the petition.

What did the court decide?

The revision petition was disposed of as nothing would survive for adjudication after prolonged inactivity.

Durga Prasad Agarwal Vs State — Writ and Judicial Review | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLREV No. 581 of 2011

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Durga Prasad Agarwala & others

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Petitioners

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Ms. S. Mohanty on behalf of Mr. A.P. Bose, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr. D. Nayak, Addl. Govt. Advocate

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CORAM:

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JUSTICE M.S. SAHOO ORDER

Order No.

14.11.2023

Hybrid Mode

1. The present petition was filed in the year 2011 U/s.401 read with Section 397 of Cr.P.C. challenging the order dated 30.06.2011 passed by the learned Sub-Divisional Magistrate, Puri in Crl. Misc. Case No.504 of 2007 U/s.133 Cr.P.C.

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Though the matter has been listed about four or five occasions, it has been adjourned at the instance of the petitioner. When the matter was last taken up on 01.11.2023, it was adjourned to grant further opportunity to the petitioner.

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The impugned order dated 30.06.2011 passed in Crl. Misc. Case No.504 of 2007 U/s.133 Cr.P.C., wherein the learned SDM, Puri declaring the building “Jagannath lodging” belonging to one Jagannath

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// 2 //

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Prasad Bhagat to be unsafe and the opposite party no.2-Puri Municipality was directed to demolish the same after the Car Festival of the deities held in the year 2011. It was further directed by the learned SDM, Puri that compliance report was to be filed by 01.08.2011. Apparently, the matter has been kept pending without the matter being admitted without any interim order having been passed, in considered opinion of this Court, nothing would survive for adjudication before this Court.

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Learned Addl. Govt. Advocate referring to the nature of the prayer made in the petition and the subject matter submits that nothing survives for adjudication.

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Having heard learned counsel for the petitioner and the learned Addl. Govt. Advocate, considering the material on record, the petition stands disposed of.

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(M.S. Sahoo) Judge

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Signature Not Verified

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Digitally Signed Signed by: RADHARANI JENA Designation: Personal Assistant Reason: Authentication Location: ohc Date: 24-Nov-2023 14:53:29

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Durga Prasad Agarwal v. State

Case brief

What is this about?

What did the court decide?

Durga Prasad Agarwal v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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