Nilakantha Mohapatra 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. Sumitra (Dr. S.K. Panigrahi) Judge Signature Not Verified Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Oct-2024 14:51:31
Judgment
Mr. Debasis Tripathy, Adv. -Versus- State of Odisha & Ors. ………. Opposite Parties Represented By AGA Mr. D. Mund CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 08.10.2024 Order No. W.P.(C) No.25238 of 2024 & I.A. No.13614 of 2024
#1. This matter is taken up through a hybrid arrangement.
#2. The Petitioner has filed this Writ Petition challenging the notice of eviction dated 26.09.2024/Annexure-4 in Encroachment Case No.22 of 2024 issued by the Opposite Party No.4/Tahasildar, Begunia, District-Khordha.
#3. Heard learned counsel for the Parties.
#4. 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. 2
#5. In such view of the matter, without going into the merits of the case, this Court directs the Petitioner to approach the Appellate Authority/Sub-Collector by filing an appeal under Section 12(1) of the Odisha Prevention of Land Encroachment Act, 1972 within a period of fifteen days from today. The concerned authority shall take up the matter immediately and also decide the interim relief in accordance with law.
#6. 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.
#7. Accordingly, the Writ Petition is disposed of. Sumitra (Dr. S.K. Panigrahi) Judge Signature Not Verified Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Oct-2024 14:51:31
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).
Precedent status how later indexed judgments have treated this case
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