Amos Nayak v. State of Odisha & Ors.
Case at a glance
Outcome
Disposed of
Accordingly, the Writ Petition is disposed of
Provisions considered
Key paragraphs
- Para 77. Accordingly, the Writ Petition is disposed of. Judge Murmu ( Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa Cuttack Date: 24-Sep-2024 18:16:11
Judgment
..…... Petitioner(s) Mr. Bipin Kumar Nayak, Adv. -Versus- State of Odisha & Ors. ………. Opposite Parties Mr. D. Mohapatra, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 24.09.2024
This matter is taken up through a hybrid arrangement.
The Petitioner has filed this Writ Petition challenging the notice No.2643 dated 26.07.2024/Annexure-1 issued by the Opposite Party No.4/Tahasildar, Baliguda.
Heard learned counsel for the Parties.
During course of hearing, learned counsel for the State submits that since a provision of appeal is there under Section 12(1) of the Odisha Prevention of Land Encroachment Act, 1972 to appeal before the Sub-Collector, the Petitioner should approach the Appellate Authority/Sub-Collector.
In such view of the matter, without going into the merits of the Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa Cuttack Date: 24-Sep-2024 18:16:11 case, this Court directs the Petitioner to approach the Appellate Authority/Sub-Collector, Baliguda by filing an appeal under Section 12(1) of the Odisha Prevention of Land Encroachment Act, 2 1972 within a period of one week from the date of presentation of an authenticated copy of this order. The concerned authority shall take up the matter immediately and also decide the interim relief in accordance with law.
It is directed that no coercive action shall be taken against the Petitioner till the case is taken up by the Appellate Authority/Sub- Collector, Baliguda.
Operative part
Accordingly, the Writ Petition is disposed of. Judge Murmu ( Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa Cuttack Date: 24-Sep-2024 18:16:11
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Writ Petition is disposed of
Which statutory provisions did this judgment involve?
Odisha Prevention of Land Encroachment Act, 1972 — s. 12(1); Odisha Prevention of Land Encroachment Act — s. 12(1).
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.