Disposed

Sebati Behera v. State of Odisha

Orissa HC11 May 2023WP(C)/10482/2023

Case brief

AI extract

What is this about?

A writ petitioner challenging a technical rejection of a proceeding under the O.S.S. Act was allowed to file a fresh proceeding after obtaining relevant certified copies. The Court observed that eviction cannot occur without due process and disposed of the petition on this finding.

What did the court decide?

Permission to bring a fresh proceeding under Section 22 of the O.S.S. Act after obtaining certified copies; observed that eviction cannot happen without due process.

Sebati Behera Vs State of Odisha — Landlord and Tenant | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.10482 OF 2023

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Sebati Behera

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Petitioner(s) Mr.R.K.Biswal,Adv.

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-versus-

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State of Orissa and Others

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…. Opposite Party(s) Mr.S.Ghose, AGA

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CORAM: JUSTICE BISWANATH RATH

ORDER

Order No.

11.05.2023

Heard Mr.Biswal, leaned counsel appearing for the petitioner.

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This writ petition involves a challenge to the order at Annexure-7 appears to be involving a proceeding under Section 22 of the O.S.S. Act, 1958.

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Considering the grounds raised herein and coming to finding in the litigation of such proceeding, this Court finds there appears, there has been technical rejection of the proceeding involved. Mr.Biswal, learned counsel for the petitioner fairly states that even though the petitioner has applied for the certified copy of the documents required involving Section 22 proceeding, the same are yet to be provided to the petitioner.

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It is in the circumstance and for there is technical dismissal of the proceeding involved herein, this Court while finding petitioner has further scope of agitating the issue observes it may be open to the petitioner to bring the fresh proceeding under Section 22 of the O.S.S. Act immediately after getting the certified copy of WLL Case

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Page 1 of 2

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// 2 //

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No.195 of 1969 however dependant on the outcome on the copy application pending at the instance of the petitioner. It is also made clear that in the event a fresh proceeding is brought, the proceeding shall be decided on its own merit without being influenced by any observation involving the impugned order.

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Mr.Biswal, learned counsel for the petition orally submits that there has been attempt for eviction of the petitioner. For the settled position of law, there cannot be eviction without following due process of law.

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With the observation and direction made hereinabove, the writ petition stands disposed of.

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(Biswanath Rath)
Judge

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SKS

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Page 2 of 2

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Digitally signed by SUSIL KUMAR SWAIN Date: 2023.05.12 16:21:24 +05'30'

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SUSIL KUMAR SWAIN

Sebati Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sebati Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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