Disposed

Budhadev Patra v. State of Odisha

Orissa HC7 Oct 2024WP(C)/24986/2024

Case brief

AI extract

What is this about?

An encroacher challenged eviction notices issued by the Tahasildar in an encroachment case. The Court declined to entertain the writ petition, citing the statutory appeal under Section 12(1) of the O.P.L.E. Act, permitted filing an appeal with condonation of delay and interim protection within ten working days, directed conclusion of hearing in three months, and ordered no coercive action till int

What the court decided

AI extract

Budhadev Patra Vs State of Odisha — Property and Title | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 24986 of 2024

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Budhadev Patra

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..…... Petitioner(s) Mr. Ashok Kumar Sahoo, Adv.

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-Versus-

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State of Odisha & Ors. ………. Opposite Parties Mr. G.R. Mohapatra, ASC

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

07.10.2024

Order No.

This matter is taken up through a hybrid arrangement.

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Heard.

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In filing this Writ Petition, the Petitioner being an encroacher, has challenged the notice of eviction under Annexures-3 and 4 issued by the Opposite Party No.4/Tahasildar, Mahakalapada in Encroachment Case No.92/2023-24.

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During the course of hearing, learned counsel for the State submits that there is a clear statutory remedy of appeal available

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under Section 12(1) of the O.P.L.E. Act against the impugned notice under Annexures-3 and 4.

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Reason: Authentication 5. In such view of the matter, this Court is not inclined to Location: High Court of Orissa C uttac k Date: 07-Oct-2024 19:07:52

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entertain the prayer made in this Writ Petition. However,

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considering the request of the learned counsel for the Petitioner, this Court permits the Petitioner 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/the SubCollector, Kendrapara as per Section 12(1) of the O.P.L.E. Act, within a period of ten working days hence. In such event, the Sub-Collector, Kendrapara shall conclude the hearing within a period of three months from the date of filing of the appeal.

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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 under Annexures-3 and 4 issued by the Opposite Party No.4/Tahasildar Mahakalapada.

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This Writ Petition is, accordingly, disposed of.

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( Dr. S.K. Panigrahi)

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Judge

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Murmu

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa C uttac k Date: 07-Oct-2024 19:07:52

Budhadev Patra v. State of Odisha

Case brief

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What the court decided

Budhadev Patra v. State of Odisha

Case brief

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