Allowed

Managing Committee of Durgapur Vidyapitha, Mayurbhanj v. State of Odisha

Orissa HC11 Sept 2024WP(C)/21494/2024

Case brief

AI extract

What is this about?

High Court held that a statutory appeal lies under the O.P.L.E. Act against the eviction notice. Court did not entertain the writ petition but granted a limited stay and permission to file an appeal along with condonation of delay within 10 working days, warning that failure to do so would withdraw the interim relief.

What did the court decide?

Interim stay on coercive action pending filing of an appeal and condonation of delay under O.P.L.E. Act within 10 working days, failing which interim relief withdrawn.

Managing Committee of Durgapur Vidyapitha, Mayurbhanj Vs… — Land Acquisition | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.21494 of 2024

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Managing Committee of …. Petitioner(s) Durgapur Vidyapitha, Mayurbhanj

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Mr. Jajati Keshari Khuntia, Adv.

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-versus-

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…. State of Odisha & Ors. Opposite Party(s) Mr. Debasis Mohapatra, ASC

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

Order

No.

ORDER

11.09.2024

1 . This matter is taken up through hybrid arrangement.

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2. In filing this Writ Petition, the Petitioner has challenged the notice of eviction dated 09.07.2024/ Annexure-5 issued by the Tahasildar, Betnoti.

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3 . At the outset, learned counsel for the State submits that there is a clear statutory remedy of Appeal available under the O.P.L.E. Act against the impugned notice of eviction dated 09.07.2024/Annexure-5.

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4. In such view of the matter, this Court is not inclined to entertain the prayer made in this Writ Petition. However, considering the request of learned counsel for the Petitioner, this Court permits the Petitioner to file an Signature Not Verified Digitally Signed appeal along with a petition for condonation of delay, if Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa an y, so also a petition for interim protection before the

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 12-Sep-2024 17:10:07

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appellate authority as per the provision of the O.P.L.E. Act, within a period of ten working days hence.

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5. It is further directed that till the interim application to be filed by the Petitioner is taken up, no coercive action shall be taken against the Petitioner pursuant to the impugned notice of eviction / Annexure-5.

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6. It is also made clear that if the Petitioner does not file the appeal along with the above noted petitions within the time stipulated hereinabove, the authority concerned shall not entertain the interim prayer at all.

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7. This Writ Petition is, accordingly, disposed of.

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(Dr. S.K. Panigrahi) Judge

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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 12-Sep-2024 17:10:07

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Managing Committee of Durgapur Vidyapitha, Mayurbhanj v. State of Odisha

Case brief

What is this about?

What did the court decide?

Managing Committee of Durgapur Vidyapitha, Mayurbhanj v. State of Odisha

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

Case details

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