Writ petition challenging eviction order under OLR Act dismissed for existence of statutory appeal remedy. Court granted liberty to file appeal within two weeks.
Liberty granted to petitioners to file statutory appeal before appellate authority within two weeks.
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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.11550 of 2023
Tribhubannanda Dash & Ors.
…. Petitioner(s) Mr. H. Mohapatra, Adv.
-versus-
State of Odisha & Ors.
…. Opposite Party(s) Mr. S.P. Panda, AGA
CORAM: JUSTICE BISWANATH RATH
ORDER 17.05.2023
Order No.
02.
1. This Writ Petition involves a challenge to the impugned order at Annexure-9 appearing to be passed in exercise of power U/s.23(A) of the OLR Act. There is clear statutory remedy of appeal as against the impugned order at Annexure-9. This Court declines to entertain the Writ Petition on availability of statutory remedy.
2. At the end of the Board Mr. Mohapatra, learned counsel for Petitioner prayed for further hearing of this matter for the Writ Petition involves so many grounds, this Court heard the submissions made by Mr. Mohapatra, learned counsel for Petitioner at a later stage.
3. This Writ Petition involves the following prayer:-
<It is therefore prayed that your Lordships shall be graciously pleased enough to admit the aforesaid writ petition, issue a writ in the nature of mandamus or any other form of writ/writs issuing RULE NISI calling upon the opposite parties to show cause as to why the order dated 18.11.2022 passed by the Sub-Collector, Angul in OLR U/s.23(A) Case No.03/2021 under Annexure-9 shall not be quashed as it is passed without jurisdiction,
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P.T.O
// 2 //
considering the aforesaid facts and circumstances. If the Opposite Parties do not show cause or show insufficient cause the RULE NISI may be made absolute;
And pass any other order/orders, direction/ directions, writ/writs as this Hon’ble deem fit and proper;=
4. There is no denial at Bar that this Writ Petition involves a challenge to the order at Annexure-9 as appearing at page 31 herein. 5. Bare perusal of the order at Annexure-9, this Court finds, the proceeding vide Annexure-9 is initiated under the provisions of Section 23(A) of the O.L.R. Act finally directing for eviction of the Petitioners, who were Opposite Parties in the proceeding involved. Writ Petition though involves variety of grounds, however, since the statutory remedy of appeal is available as against such orders in the provision at Section 58 of the OLR Act, this Court declines to entertain this Writ Petition at this stage. However, while disposing of this Writ Petition as not entertainable at this stage, this Court grants liberty to the Petitioners to bring statutory appeal before the appellate authority within a period of two weeks hence, if they are so advised. Grounds raised herein, if raised in the appeal, shall be considered in accordance with law by the appellate authority.
6. This Writ Petition stands disposed of with the above.
7. Certified copy of the impugned order at Annexure-9 be returned to the Petitioner after keeping a true attested Xerox copy thereof.
(Biswanath Rath)
Judge
Ayaskanta Jena
Signature Not Verified
Digitally Signed Signed by: AYASKANTA JENA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-May-2023 12:43:52
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2 issues framed by the court
Whether the High Court can entertain a writ petition challenging an eviction order under Section 23(A) of the OLR Act when a statutory appeal lies under Section 58?
Can the High Court still grant liberty to file a statutory appeal when declining to entertain a writ petition on the availability of statutory remedy?
2 provisions across 1 enactments
Tribhubannanda Dash & Ors.
State of Odisha & Ors.
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
