Shibram Tarai v. Revenue Officer Andanr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.17007 OF 2010 Shibram Tarai ....

Petitioner(s) Mr.S.K.Nayak2 Advocate -versusRevenue Officer-cum-Certificate and another ....

Opposite Party(s) Mr.S.Mishra, ASC

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

23.09.2022 03.

1.

Heard learned counsel for the Parties.

2.

Petitioner has a clear scope to raise objection by way of denying liberty application. Even though Petitioner raises a question of authority in issuing O.P.D.R. notice, this Court finds for the scope with the Petitioner under section 8 of the O.P.D.R Act, the Petitioner can raise such ground for consideration of the authority. In the event Petitioner files Section 8 objection at least within a period of two weeks, same shall be considered and the authority shall first decide whether he has competency in proceeding with the matter and if finds competency the will be certificate proceeding will be taken up hearing. 2.

As the Petitioner is in enjoyment of interim protection since 05.10.2010, the interim protection shall continue until the decision is taken on the maintainability of the proceeding at least. (Biswanath Rath) Judge Swarna