Dismissed

Pabitra Mohan Sahu v. State

Orissa HC14 Mar 2023WP(C)/24071/2014

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition concerning property attachment. The Court held that such objections must be raised before the Certificate Officer under Section 20 of the OPDR Act and directed the petitioner to file an objection.

What did the court decide?

Liberty granted to file an objection under Section 20 of the OPDR Act before the Certificate Officer within three weeks; interim order dated 11.12.2014 continued.

Pabitra Mohan Sahu Vs State — Orissa HC (2023) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.24071 of 2014

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Pabitra Mohan Sahu …. Petitioner Mr.U.C.Pattnaik, Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties Mr.N.K.Praharaj, A.G.A. Mr.B.K.Sharma, Advocate for O.P.No.3

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CORAM:

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JUSTICE A.K. MOHAPATRA

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Order No.

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ORDER 14.03.2023

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1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as Mr.B.K.Sharma, learned counsel appearing for the Opposite Parties. Perused the pleadings as well as the documents annexed thereto by the respective parties.

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The present Writ Petition has been filed by the Petitioner in the year 2014 with a prayer to quash the order dated 19.11.2014 and the entire proceeding in OPDR Case No.01 of 2013 pending before the Certificate Officer and Collector, Jharsuguda.

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4 Mr. Sharma, learned counsel appearing for Opposite Party No.3 by referring to Section 20 of the OPDR Act submitted that

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Section 20 itself provides an opportunity to the Petitioner to file an objection or to lodge a claim to the attachment or sale of any property in execution of a certificate on the ground that such property is liable to such attachment or sale. On filing of such application/claim the Certificate Officer shall proceed to investigate the claim or objection and pass necessary orders thereon.

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In the present Writ Petition, the Petitioner has assailed primarily the attachment of property by the Certificate Officer in execution of certificate and the main contention of the Petitioner in the present Writ Petition, as submitted by the learned counsel for the Petitioner, such property is not liable to be attached in Certificate proceeding.

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Considering the submissions made by the learned counsel for the Petitioner as well as the learned counsel appearing for the Opposite Parties and keeping in view the provision of Section 20 of the OPDR Act, 1962, this Court is of the considered view that the grounds raised in the present Writ Petition can very well be raised before the Certificate Officer under Section 20 of OPDR Act and OPDR Act provides the procedure to be followed in case such an objection is filed. In such view of the matter, this Court deems it proper to dispose of the Writ Petition by granting liberty to the Petitioner to file an objection under Section 20 of the OPDR Act before the Certificate Officer within three weeks from today. In the event such an objection/claim is filed before the Certificate Officer, he shall do well to consider the same in accordance with law and in

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view of the provisions of the OPDR Act and shall make every endeavour to dispose of the same as expeditiously as possible. Since the Writ Petition was filed in the year 2014 and at the time of admission an interim order was passed vide order dated 11.12.2014, while disposing of the present Writ Petition, this Court directs in the interest of justice to continue the interim order dated 11.12.2014 till disposal of the objection of the Petitioner by the Certificate Officer.

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With the aforesaid observation, the Writ Petition stands disposed of.

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Issue urgent certified copy of this order as per Rules.

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( A.K. Mohapatra )
Judge

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RKS

Pabitra Mohan Sahu v. State

Case brief

What is this about?

What did the court decide?

Pabitra Mohan Sahu v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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