Dhyana Ranjan Sahu Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Dhyana Ranjan Sahu Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to opposite party No.4 to examine Annexure-2 as a response to Annexure-1 (if there has been no eviction and demolition) and take a decision thereon as per and in accordance with law, providing opportunity of hearing to the petitioner and completing the exercise within four weeks; status quo to be maintained in respect of the schedule land till the final decision on the show cause; urgent copy of the order to be issued as per rules.

Issue for consideration

Whether the petitioner's representation (Annexure-2), received by opposite party No.4, should be examined/treated as a reply to the notice (Annexure-1) and a decision taken thereon as per and in accordance with law in connection with P.R. No.21 dated 6th February, 2024. +1 more

Court's answer

Opposite party No.4 is directed to examine Annexure-2 as a response to Annexure-1, if there has been no eviction and demolition, and thereafter to take a decision on the same as per and in accordance with law.

Ratio / Principle

The decision is to be taken providing opportunity of hearing to the petitioner, completing the above exercise within four weeks from the date of the order.

Key takeaways

Till such time as the final decision is taken on the show cause, status quo shall be maintained in respect of the schedule land.ratio¶17

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (R.K. Pattanaik, Judge), W.P.(C) No.6750 of 2024, order dated 12.04.2024 — disposed of with directions. Petitioner Dhyana Ranjan Sahu's counsel submitted there had been no action till date despite a notice (Annexure-1) carrying a direction to the petitioner to submit a show cause reply; the petitioner's representation (Annexure-2) was said to have been received by the authority concerned, namely opposite party No.4. The Court recorded the submission of the State's ASC and took the view that the representation should be treated as a reply to such notice for a decision in connection with P.R. No.21 dated 6th February, 2024. Accordingly, opposite party No.4 was directed to examine Annexure-2 as a response to Annexure-1 — if there has been no eviction and demolition — and thereafter take a decision on the same as per and in accordance with law, providing opportunity of hearing to the petitioner and completing the exercise within four weeks; till the final decision on the show cause, status quo was to be maintained in respect of the schedule land. Urgent copy of the order to be issued as per rules.