Jagannath Rout v. State And ORS.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.21947 of 2010 Jagannath Rout ....

Petitioner(s).

Miss. Deepali Mohapatra, Advocate State of Orissa & Ors.

....

Opposite Party(s) Mr. S.Mishra, ASC Mr.A.K.Choudhjury, Advocate (O.P.No.2)

CORAM:

JUSTICE BISWANATH RATH

ORDER

13.09.2022 Order No.

02.

Heard Miss.Mohapatra, learned counsel appearing for the petitioner and Mr.S.Mishra, learned Additional Standing Counsel appearing for the State-opposite party no.1. There is no appearance on behalf of opposite party No.2, learned counsel appearing for the parties.

2.

The writ petition is filed solely on the ground that there involves eviction by Berhampur Municipal Corporation without following due process of law that too in the involvement of personal land of the petitioner. Entertaining the writ petition, this Court while directing issue of notice on 16.12.2010 also directed the parties to maintain status quo by same order, which order appears to be continuing as of now.

3.

Considering sole reason of filing of writ petition to be a eviction drive by the public authority without following due process of law, finding no contest to such allegation here, this Court disposes of

// 2 // the writ petition simply observing there shall be no coercive action by way of eviction/demolition against the petitioner without following due process of law.

(Biswanath Rath) Judge sks