Disposed¶19

Dillip Barik v. State of Odisha

Orissa HC28 Feb 2024WP(C)/4350/2024

Case brief

AI extract

What is this about?

Writ petition disposed of with liberty to appeal against notice in Form 'Kha' (Annexure-1) under OPLE Act; OPLE Case No.4-415 of 2023; appeal to opposite party No.3, disposal preferably within two weeks; status quo on schedule land until appeal presented; no merits adjudicated.

What did the court decide?

Liberty to the petitioner to approach the Appellate Authority under the OPLE Act within a fortnight to assail Annexure-1 (notice in Form 'Kha'); such timely appeal to be entertained by opposite party No.3 and disposed of considering the relief sought, preferably within two weeks; status quo on the schedule land to be maintained until the appeal is presented. ¶19

Dillip Barik Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the petitioner should be given liberty to challenge the notice in Form 'Kha' (Annexure-1) issued in connection with OPLE Case No.4-415 of 2023 before the appellate forum under the OPLE Act.

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Court's answer

The Court, expressly without expressing anything on the merits of the case, inclined to provide the petitioner an opportunity to challenge Annexure-1 and raise all grounds available to him under law before the appellate forum for a decision in accordance with law.

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Ratio / Principle

The writ petition stands disposed of with liberty allowed to the petitioner to approach the Appellate Authority under the OPLE Act assailing Annexure-1 (notice in Form 'Kha'), within a fortnight from the date of the order.

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Key takeaways

If any such appeal is filed within the stipulated period, it shall be entertained by opposite party No.3, who thereafter is to proceed and dispose of it considering the relief sought for, at the earliest preferably within a period of next two weeks.ratio¶19
Until the appeal is presented, status quo shall be maintained in respect of the schedule land.ratio¶19

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (R.K. Pattanaik, J.) disposed of W.P.(C) No.4350 of 2024 (Dillip Barik v. State of Odisha & Others) without expressing anything on merits, granting the petitioner liberty to assail, within a fortnight, the notice in Form 'Kha' (Annexure-1) issued in connection with OPLE Case No.4-415 of 2023 before the Appellate Authority under the OPLE Act. Any appeal filed within the stipulated period is to be entertained by opposite party No.3 and disposed of considering the relief sought, preferably within two weeks; status quo is to be maintained on the schedule land until the appeal is presented.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.4350 of 2024

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Dillip Barik

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…. Petitioner

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Mr. P.C. Jena, Advocates

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-Versus-

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State of Odisha & Others

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…. Opposite Parties

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Mr. J.P. Patra, ASC CORAM:

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MR. JUSTICE R.K. PATTANAIK ORDER

28.02.2024

Order No.

Heard Mr. Jena, learned counsel for the petitioner and Mr. Behera, learned ASC for the State.

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Instant writ petition is filed by the petitioner challenging the impugned notice under Annexure-1 issued in connection with OPLE Case No.4-415 of 2023.

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Considering the submissions of learned counsel for the respective parties and as in the meantime, notice in Form ‘Kha’ stands issued vide Annexure-1, the Court, without expressing anything on merits of the case, is of the view that the petitioner should be provided the liberty to approach the appellate forum challenging the same for a decision in accordance with law. In other words, the Court is inclined and in favour of providing the petitioner an opportunity to challenge Annexure-1 and raise all such grounds as available to him under law for a decision by authority concerned, as same would serve the purpose and meet the situation.

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4. Accordingly, it is ordered.

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Page 1 of 2

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In the result, the writ petition stands disposed of with the liberty allowed in favour of the petitioner to approach the Appellate Authority under the OPLE Act assailing Annexure-1, notice in Form ‘Kha’, which shall be within a fortnight from today and in the event, any such appeal is filed within the above stipulated period, the same shall be entertained by opposite party No.3, who thereafter to proceed and to dispose of the same considering the relief sought for at the earliest preferably within a period of next two weeks and till such time, the appeal is presented, there shall be status quo maintained in respect of the schedule land.

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Urgent certificate copy of this order be issued as per rules.
(R.K. Pattanaik)
Judge
Tudu

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Signature Not Verified

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Digitally Signed Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 29-Feb-2024 13:18:29

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Dillip Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dillip Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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