Disposed

Biswaranjan Dhal v. State of Odisha

Orissa HC4 Apr 2024WP(C)/7630/2024

Case brief

AI extract

What is this about?

Writ petition disposed of with liberty to the petitioner to submit a representation regarding his claim to the land. The State was directed to entertain the representation, provide a personal hearing if necessary, and pass a final order within four weeks. Coercive action was barred pending this process.

What did the court decide?

Liberty to submit representation within fortnight; State directed to decide within four weeks after hearing; stay on coercive action.

Biswaranjan Dhal Vs State of Odisha — Land Acquisition | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.7630 of 2024

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Biswaranjan Dhal …. Petitioner

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Mr. B. Pradhan, Advocate

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-Versus-

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State of Odisha & Others Opposite Parties

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Mr. D.K. Behera, ASC

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CORAM:

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MR. JUSTICE R.K. PATTANAIK ORDER

04.04.2024

Order No.

Heard learned counsel for the respective parties.

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Considering the submission of Mr. Pradhan, learned counsel for the petitioner to the effect that the petitioner’s grandfather has been granted a patta, a copy of which is at Annexure-1 and has been in occupation of the land in question with a dafayati right being a beneficiary under the Economic Rehabilitation Assistance for Rural Poor Benefit Scheme for ‘cashew’ plantation and such possession is supported by a copy of rent receipt i.e. Annexure-2 and recording submission of Mr. Behera, learned ASC for the State, the Court is of the considered view that the petitioner, who claims such possession ever since 1981 should be allowed an opportunity to represent the authority concerned with the grievance on record for a decision thereon before any such eviction and demolition to take place as the same would serve the purpose and meet the ends of justice.

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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 submit a representation addressed to opposite party No.4 within a fortnight from today and in the event, such grievance is received from him, opposite party No.4 shall entertain the same and thereafter, to examine it providing personal hearing, if necessary, followed by a final order at the earliest preferably within a period of four weeks from the date of receipt of a copy of this order and till such time, not to take any coercive action with respect to the land in question.

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Urgent certified copy of this order be issued as per rules.

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A copy of the order be handed over to Mr. Behera, learned ASC for the State for its onward intimation to the opposite party No.4 for early compliance.

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(R.K. Pattanaik) Judge

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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: 06-Apr-2024 10:27:21

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Page 2 of 2

Biswaranjan Dhal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biswaranjan Dhal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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