Disposed

Lingaraj Pradhan v. State and Ors.

Orissa HC5 Jul 2023WP(C)/26970/2011

Case brief

AI extract

What is this about?

This writ petition challenged an eviction notice. The High Court disposed of the petition while granting liberty to the petitioner to file an appeal against the eviction notice and maintaining status quo until the appeal is decided.

What did the court decide?

Liberty allowed to file appeal against eviction notice, condoning delay, within one fortnight; status quo maintained pending appeal disposal.

Lingaraj Pradhan Vs State and Ors. — Landlord and Tenant | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.26970 of 2011

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Lingaraj Pradhan

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…. Petitioner

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Mr. Deepak Kumar, Advocate & Mr. P.K. Mishra, Advocate

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-Versus-

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State of Orissa & Others

…. Opposite Parties

Ms. S. Mishra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

05.07.2023

Heard learned counsel for the petitioner and Ms. Mishra, learned ASC for the State-opposite parties.

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Instant writ petition is filed at the behest of the petitioner for a direction to opposite party No.3 not to evict him from the case land in connection with Encroachment Case No. 241 of 200910 and also to settle the same, which situate over Plot No.49, Khata No. 202 of the concerned Mouza on the grounds stated therein.

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Mr. Mishra, learned counsel for the petitioner submits that in a similar case disposed of by order dated 3^rd April, 2012 in W.P.(C) No. 26969 of 2011, this Court granted the liberty to the petitioner therein to approach the Appellate Forum with interim protection for a specified period. Hence, it is submitted that in the instant case, the petitioner as against whom, the impugned notice in Form ‘Kha’ has been issued, a copy of which is annexed to the additional affidavit as at Flag-B, similar liberty should be granted.

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Ms. Mishra, learned ASC for the State-opposite parties submits that necessary order may perhaps be passed considering the limited prayer of the petitioner.

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Page 1 of 2

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Gone through the additional affidavit as at Flag-B. In fact, notice in Form ‘Kha’ has been issued for eviction of the petitioner from the case land. Such an action of opposite party No.3 is appealable in nature, so, therefore, the petitioner pleads for the liberty to approach the authority concerned challenging the impugned notice. A copy of the order in W.P.(C) No. 26969 of 2011 of this Court is produced by Mr. Mishra today and the same is perused. The Court is also of the view that since the impugned notice of eviction has been issued, liberty should be granted to the petitioner to approach the Appellate Authority for a decision according to law.

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In the result, the writ petition stands disposed of with the liberty allowed in favour of the petitioner to move the concerned authority as against the order of eviction and in the event, an appeal is filed within a fortnight from today, the same shall be entertained by the Sub-Collector, Khurda after condoning the delay, if any and to dispose it of as per and in accordance with law preferably within a period of next four weeks and till such time, the appeal is presented, there shall be status quo maintained vis-à-vis the schedule land.

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Urgent copy of this order be issued as per rules.

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Signature Not Verified

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Digitally Signed Signed by: BALARAM BEHERA Designation: Senior Stenographer Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 06-Jul-2023 15:11:25

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Lingaraj Pradhan v. State and Ors.

Case brief

What is this about?

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Lingaraj Pradhan v. State and Ors.

Case brief

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