Disposed

Shiba Shankar Pal @ Shiba Prasad Pal v. State of Odisha

Orissa HC4 Apr 2024WP(C)/5122/2024

Case brief

AI extract

What is this about?

This writ petition challenges an eviction notice. The Court disposed of the petition directing the opposite party to consider the petitioners' objection to the eviction notice and decide it within three weeks after providing a hearing opportunity, without coercive action in the interim.

What did the court decide?

Direction to opposite party No.4 to consider the petitioners' objection and dispose of the matter within three weeks after hearing, staying coercive action till then.

Shiba Shankar Pal @ Shiba Prasad Pal Vs State of Odisha — Landlord and Tenant | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.5122 of 2024

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Shiba Shankar P a l @ Shiba Prasad Pal …. P e titioners and another

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Mr. D.P. Dhal, A d vocate

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-Versus-

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State of Odisha a nd others

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…. Opposit e parties. Mr. J.P.P a tra, ASC

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COR A M: MR. J USTICE R.K. PATTANAIK

ORDER

04.04.2024

Order No.

1. Heard l earned counsel for the petitioners, State and Mr. Acharya, learne d Senior Advocate appearing for opposite party No.6

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Instant w rit petition is filed by the petitioners ch a llenging the impugned n otice under Annexure-2 on the groun d s stated therein.

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In resp o nse to the eviction notice dated 26^th F ebruary, 2024, objection has been filed by the petitioners, a copy of which is at Annexure-3.

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Learne d counsel for the petitioners would submit that the land belongs to the petitioners and while claiming so, the c opies of the RoRs as at Annexure-1 series are referred to.

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Consid e ring the facts pleaded on record, the Court is inclined and in favour of a direction to opposite party No.4 to

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P a ge 1 of 2

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consider the o bjection i.e. Annexure-3 received pur s uant to Annexure-2 and thereafter, to take a decision thereon at the earliest.

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6. Hence, it is ordered.

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In the r esult, the writ petition stands disposed of with a direction to o p posite party No.4 to consider Annex u re-3 in connection with the impugned action received later to the issuance of eviction n o tice i.e. Annexure-2 and after provi d ing an opportunity of h earing, to dispose of the matter preferably within three weeks fro m the date of receipt of a copy of this order and till such time, not t o take any coercive action against the petiti o ners.

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8. Urgent c opy of this order be issued as per rules.

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Copies o f the order be handed over to learned co u nsel for opposite party No.6 and State for its onward intim a tion to authorities conc e rned for early compliance.

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Rojina

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Signature Not Verified

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 05-Apr-2024 19:33:12

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P a ge 2 of 2

Shiba Shankar Pal @ Shiba Prasad Pal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Shiba Shankar Pal @ Shiba Prasad Pal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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