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
This matter is taken up through a hybrid arrangement.
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.
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. 2
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.
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.
Operative part
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
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.