M/S- G.C. Mohanta And Sons v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C).No.1151 of 2022 M/s.G.C.Mohanta and Sons ....

Petitioner(s) Mr.C.K.Pradhan, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Mr.U.K.Sahoo, ASC

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

27.01.2022 1.

This matter is taken up through Video Conferencing Mode. 2.

Heard Mr.Pradhan, learned counsel appearing for the petitioner. 3.

Considering the grounds stated herein, this Court first of all finds the grounds raised herein are already grounds available before the lower authorities. This Court finds there is concurrent finding of fact on the issue involved herein by both statutory forums. Petitioner having lost in both the forums and for involvement of concurrent finding of fact in the matter of eviction vis-à-vis unauthorized encroachment, this Court is not inclined to entertain this writ petition. It is at this stage of the matter, Mr.Pradhan, learned counsel appearing for the petitioner seeks observation of this Court for resolving the issue by way of settlement. For concurrent finding of fact on the issue involved, this Court is not inclined to entertain the writ petition.

4.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout copy of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Court's

// 2 // Office order circulated vide Memo Nos.514 & 515 dated 7th January, 2022.

(Biswanath Rath) Judge Sks