Bikram Kumar Sundaray v. State of Odisha & Ors.
Case at a glance
Outcome
Disposed of
In the result, the writ petition stands disposed of with the
Key paragraphs
- Para 77. Hence, it is ordered. In the result, the writ petition stands disposed of with the liberty allowed favour of the petitioner submit a representation to opposite party No.2 within a fortnight from today and in the event, the same is received from him, the…
Judgment
Mr. YSP Babu, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No.
Heard learned counsel for the petitioner and Mr. Babu, learned AGA for the State-opposite parties. ORDER
10.08.2023
Instant writ petition is filed by the petitioner for a direction to the opposite parties not to evict him from plot No.117 (part) under khata No.276 measuring an Area Ac. 0.85 decimals Mouza- Aiginia, Bhubaneswar on the grounds stated therein.
Learned counsel for the petitioner submits that the petitioner is in possession of the schedule plot since 1980 and staying there by constructing a house which is well within the knowledge of the local authorities but it is claimed that before any such eviction is carried out, the petitioner’s grievance should be heard. Learned counsel appearing for him submits that an opportunity should be provided to represent the local authority which would serve the purpose and meet the ends of justice.
Mr. Babu, learned AGA for the State-opposite party No.1 submits the petitioner inclined submit a representation, if the Court is inclined, liberty may perhaps be granted to him for the said purpose.
Considering the submission of the learned counsel for the respective parties and plea of the petitioner that he is in possession of the schedule land for last 30 years and ever since 1980 in respect of which the electricity bills and water tax receipts as at Annexure-2 series are referred to, the Court is of the considered view that he should be granted the liberty to represent opposite party No. 2 for a decision before any such action for eviction is initiated against him.
Operative part
Hence, it is ordered. In the result, the writ petition stands disposed of with the liberty allowed favour of the petitioner submit a representation to opposite party No.2 within a fortnight from today and in the event, the same is received from him, the authority concerned shall consider and examine it and pass necessary order within next two weeks from the date of receipt of a copy of this order and till such time, to maintain status quo vis-à-vis the schedule land.
A certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge kabita Signature Not Verified Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: OHC, CTC Date: 11-Aug-2023 18:30:56
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