Partly allowed

Suryakanta Bose v. State of Odisha

Orissa HC26 Sept 2024WP(C)/22073/2024

Case brief

AI extract

What is this about?

The High Court of Orissa directed the petitioner to deposit fees to obtain certified copies of documents. The Court permitted filing an appeal and condonation of delay with the appellate authority within 15 days and stayed coercive eviction action pending such filing.

What did the court decide?

Directing deposit of fees within 7 days for issuance of certified copies; permitting appeal and condonation of delay within 15 days; staying coercive eviction action pending interim filing.

Suryakanta Bose Vs State of Odisha — Constitutional and Fundamental Rights | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22073 of 2024

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Suryakanta Bose & Anr. …. Petitioner(s)

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Mr. Jaydeep Pal, Adv.

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-versus-

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State of Odisha & Ors. …. Opposite Parties Mr. Dhananjaya Mund, AGA

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

Order No.

ORDER 26.09.2024

1 . This matter is taken up through hybrid arrangement.

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2 . In filing this Writ Petition, the Petitioners being the encroachers, have sought for a direction from this Court to the Tahasildar, Raghunathpur/Opposite Party No.4 for accepting their application vide Annexure-2 for grant of certified copies of certain documents.

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Apart from the above prayer, the Petitioners have also sought for a direction from this Court to the Opposite Parties for not demolishing their shop rooms standing over the disputed property in question.

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3 . Learned counsel for the Petitioners submits that despite several approaches of the Petitioners through proper procedure, the Tahasildar, Raghunathpur is not issuing certified copies of the order sheets, documents, Form ‘G’, ‘Ka’ Signature Not Verifiedand ‘Kha’ pertaining to the Encroachment Case in question in

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 27-Sep-2024 20:19:27

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their favour.

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4 . Learned counsel for the State pursuant to the earlier order

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of this Court dated 06.09.2024, at the outset, submits that since

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the Petitioners have not paid the fees required for grant of certified copies of the above noted documents, the Tahasildar, Raghunathpur is not issuing the certified copies of the said documents.

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5 . In such view of the matter, this Court directs the Petitioners to deposit the fees required for grant of certified copies of the above noted documents within a period of seven working days hence. In such event, the authority concerned shall issue necessary certified copies of the above noted documents in favour of the Petitioners immediately thereafter.

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6 . At this juncture, considering the further submission made on behalf of the Petitioners, this Court permits the Petitioners to file an appeal along with a petition for condonation of delay, if any, so also a petition for interim protection before the appellate authority as per the provision of the O.P.L.E. Act, within a period of fifteen working days from the date of receipt of the certified copies of the above noted documents.

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7. It is further directed that till the interim application to be filed by the Petitioners is taken up, no coercive action shall be taken against the Petitioners pursuant to the impugned notice of eviction, if any,.

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8. It is also made clear that if the Petitioners do not file appeal

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along with the above noted petitions within the time Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA stipulated hereinabove, the authority concerned shall not Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 27-Sep-2024 20:19:27 en ter tain the interim prayer at all.

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Page 2 of 3

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Ayaskanta

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

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(Dr. S.K. Panigrahi) Judge

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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: 27-Sep-2024 20:19:27

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Suryakanta Bose v. State of Odisha

Case brief

What is this about?

What did the court decide?

Suryakanta Bose v. State of Odisha

Case brief

What is this about?

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