Allowed

Srinibas Jena v. State of Odisha

Orissa HC18 Sept 2024WP(C)/23034/2024

Case brief

AI extract

What is this about?

The Single Bench quashed the certificate proceedings initiated against the petitioner. The court set aside the proceedings initiated via Certificate Case No.01 of 2024 on the ground that the underlying demand notice had already been set aside by a Division Bench order, thereby preventing technical grounds from hindering the Appeal's pendency.

What did the court decide?

Certificate Case No.01 of 2024 set-aside and quashed; Writ Petition allowed and disposed of.

Srinibas Jena Vs State of Odisha — 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.23034 of 2024

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Srinibas Jena

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…. Petitioner

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Mr. S. Palit, Sr. Adv. being assisted by Ms. A. Pradhan, Adv.

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-versus-

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State of Odisha & others …. Opposite Parties

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Mr. B. Panigrahi, ASC

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CORAM: JUSTICE SANJAY KUMAR MISHRA

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ORDER 18.09.2024

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Order No. 02.

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This matter is taken up through hybrid mode.

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2. Heard Mr. Palit, learned Senior Counsel, being assisted by Ms. A. Pradhan, learned Counsel for the Petitioner so also Mr. Panigrahi, learned ASC for the State.

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3. This Writ Petition has been preferred challenging the very initiation of the certificate proceeding against the Petitioner vide Certificate Case No.01 of 2024 before the Collector & District Magistrate-Cum-Certificate Officer, Jajpur on various grounds, including on the ground that Demand Notice dated 13.04.2023, based on which the Requisition in Form No.2, as prescribed under the Odisha Public Demands Recovery Act in 1962, shortly hereinafter “OPDR Act”, was submitted by the Certificate Holder, as at Annexure-6, has already been set-aside by the Division Bench of this Court in W.P.(C) No.18652 of 2023.

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4. That apart, a further ground has been agitated in the writ petition challenging the initiation of the

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certificate proceeding on the ground that, liberty being granted by this Court vide order dated 22.01.2024 passed in W.P.(C) No.39637 of 2023, the Petitioner has already preferred an Appeal, which is still pending for consideration.

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5. Mr. Panigrahi, learned ASC for the State, after taking instruction, admitted that the demand notice, which is annexed to the impugned notice in Certificate Case No.01 of 2024, is the same demand notice dated 13.04.2023, which was set aside by the Division Bench of this Court in W.P.(C) No.18652 of 2023.

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6. Mr. Panigrahi, learned ASC admits that pursuant to order dated 22.01.2024 passed in W.P.(C). No.39637 of 2023, the Appeal preferred by the present Petitioner is still pending for consideration before the Appellate Authority. However, Mr. Panigrahi learned ASC submits, entertaining the present Writ Petition on technical ground should not be a bar for the Appellate Authority to take a decision on the Appeal preferred by the present Petition on its own merit.

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7. Accordingly, certificate proceeding initiated against the Petitioner vide Certificate Case No.01 of 2024, now pending in the Court of Collector and District Magistrate-Cum-Certificate Officer, Jajpur is hereby set-aside and quashed. The Writ Petition stands allowed and disposed of accordingly.

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8. It is made clear that this order shall not have any effect as to continuance of the Appeal, which is now pending before the Deputy Director of Mines, JajpurCum- Appellate Authority.

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Page 2 of 3

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9. Urgent certified copy of this order be granted on proper application as per rules.

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(S. K. MISHRA) JUDGE

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Mona

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Signature Not Verified

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Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High Court of Odisha Date: 19-Sep-2024 15:44:45

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Page 3 of 3

Srinibas Jena v. State of Odisha

Case brief

What is this about?

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Srinibas Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

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