Niranjan Kar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.449 OF 2022 Niranjan Kar ....

Petitioner(s) Mr.S.Mohanty,Adv.

-versusState of Odisha and others ....

Opposite Party(s) Mr.U.K.Sahoo,ASC Mr.A.P.Bose,Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

28.11.2022 I.A. No.16104 of 2022 Order No.

02.

1.

This is an application for modification of the order dated 04.02.2022 passed in W.P.(C) No.449 of 2022.

2.

Undisputedly the Writ Petition is disposed of. It is alleged that even though Petitioner involving this I.A. not an encroacher, the Collector, Balasore contemplating by virtue of this Court order, initiating an O.P.L.E. proceeding against this Petitioner. For there is no number of initiation of any proceeding available, this Court declines to entertain such application, however observes, in the event any O.P.L.E. proceeding is initiated involving this Petitioner herein and since Petitioner claims to be not in occupation of the disputed land, nothing prevents the Petitioner to put up an objection clearly indicting therein that she is not in occupation of any land or illegal encroachment of land, in such event her objection shall also be taken into account.

// 2 // 3.

I.A. stands disposed of.

(Biswanath Rath) Judge Swarna