Sarada Prasanna Bhat v. State of Odisha & Ors.
Case at a glance
Provisions considered
Key paragraphs
- Para 77. This Writ Petition is, accordingly, disposed of. Judge Ayaskanta (Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 11-Feb-2025 17:02:33
Judgment
…. Petitioner(s) Mr. Bikash Kumar Dash, Adv. -versus- State of Odisha & Ors. …. Opposite Party(s) Mr. Sanjay Rath, AGA CORAM: HON’BLE DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 10.02.2025
This matter is taken up through hybrid arrangement.
In filing this Writ Petition, the Petitioner being an encroacher has challenged the notice of eviction dated
16.12.2024 issued by the Executive Officer, Baripada Municipality/ Opposite Party No.4.
Heard learned counsel for the Parties.
During course of hearing, learned counsel for the State submits that there is a clear statutory remedy of appeal available under Section 98 of the Orissa Municipal Act, 1950 against the impugned notice of eviction vide Annexure-3. Hence, the Petitioner should approach the Appellate Authority. Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 11-Feb-2025 17:02:33
In such view of the matter, this Court is not inclined to entertain the prayer made in this Writ Petition. However, considering the request of the learned counsel for the Petitioner, this Court permits the Petitioner to file an appeal along with a petition for condonation of delay, if any, so also a petition for interim protection before the concerned Appellate Authority as per the provision under Section 98 of the Orissa Municipal Act, 1950, within a period of fifteen working days hence. In such event, the Appellate Authority shall conclude the hearing within a period of three months from the date of filing of the appeal.
It is further directed that till the interim application to be filed by the Petitioner is taken up, no coercive action shall be taken against the Petitioner pursuant to the impugned notice of eviction dated 16.12.2024/ Annexure-3.
This Writ Petition is, accordingly, disposed of. Judge Ayaskanta (Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 11-Feb-2025 17:02:33
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.