Khokan Samanta Vs State of Odisha

1. Heard M r. Mohapatra, learned counsel for the p e titioner, Mr. Patra, learn e d ASC for the State opposite party Nos.1 t o 4 and Mr. Acharya, le a rned Senior Advocate appearing for oppo s ite party No.5.

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Instant w rit petition is filed by the petitioner challe n ging the eviction notice u nder Annexure-6 issued by opposite party No.3 on the grounds stat e d therein.

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Mr. M o hapatra, learned counsel for the petitioner referring to a copy of th e sale deed as at Annexure-1 would submit that the land in question belongs to him, however, the eviction noti c e stands issued vide An n exure-6, which is therefore not legally tenable, hence, the writ petition. It is further submitted by Mr. M o hapatra that pursuant t o the sale deed i.e. Annexure-1, the sche d ule land stands recorded with the petitioner referring to Annexure- 3 , a copy of the RoR and o ther documents, such as, Annexures-4 and 5 .

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4. No reply is filed by the State till date.

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Mr. A c harya, learned Senior Advocate appearing for opposite party N o.5 submits that the petitioner could file response to Annexure-6 s i nce there is an opportunity made availabl e to him. In response, Mr. Mohapatra, learned counsel for the p etitioner informs that no s uch reply is yet filed responding to Annexu r e-6.

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Gone t h rough Annexure-6 which reveals that the p etitioner was allowed t i me to submit a reply in connection w ith the impugned actio n .

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Consid e ring the submission of Mr. Mohapatra, learned counsel for the p etitioner and the claim that the land belon g s to the petitioner havi n g been purchased vide Annexure-1 and r ecorded under Annexur e -3, the Court is of the view that s ince an opportunity is a llowed by opportunity party No.3 in t h e notice itself, the same s h ould be responded to with a reply for a d e cision as per and in acco r dance with law within a stipulated period with an interim protecti o n till such time.

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8. Hence, it is ordered.

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In the r esult, the writ petition stands disposed of with the liberty allowed in favour of the petitioner to file reply and response to Annexure-6 w ithin a fortnight from today and in the e v ent, the same is received, opposite party No.3 shall entertain and t h ereafter to proceed and to dispose it of by an order within next t w o weeks and till such ti m e, there shall be no coercive action. T h e Court directs that the above exercise shall be undertaken at th e earliest providing reas o nable opportunity of hearing to both t he sides

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including opposite party No.5. It is further directed that a ny such order rejecting t he claim of the petitioner by opposite pa r ty No.3 shall not be giv e n effect to at least for a for a week the r eafter in order enable th e former to avail such other remedy as per l a w.

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

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A copy of the order be handed over to Mr. Patra , learned ASC for the Sta t e and also learned counsel for the opposite party No.5 for its on w ard intimation to the respective opposite p a rties for early complianc e .

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(R.K.Pattanaik) Judge

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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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Khokan Samanta v. State of Odisha

Case brief

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Khokan Samanta v. State of Odisha

Case brief

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