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Orissa High CourtWP(C)/2425/2022disposed off

Prana Jena v. State Of Odisha

2022-01-28Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.2425 of 2022 Prana Jena ....

Petitioner(s) Mr.D.Mohapatra, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Mr.S.P.Mishra, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

30.03.2022 I.A.No.4184 of 2022 2.

1.

Heard learned counsel papering for the parties. Order No.

2.

This is an application for extension of 2 months time to the petitioner to retain the quarter in question. 3.

The writ petition was disposed of with the following direction: "Considering that the petitioner himself and his family members are suffering on account of COVID-19, though this Court is not inclined to entertain the writ petition, however, for the above recording, this Court directs, in the event the Petitioner submits an affidavit within a period of one week hence before the competent authority requesting therein to accommodate him for at least two months for vacating the quarters in question, the Petitioner shall not be disturbed for a period of two months."

4.

Reading the above, it appears while not inclined to entertain the writ petition, however keeping in view COVID-19 constraint, this Court was inclined to protect the petitioner for 2 months on his filing appropriate affidavit before the competent authority within a week. Filing the present application, through paragraphs-4 and 5, it has been brought to the notice of this Court that since the petitioner is a terminated police Sepoy, there is some difficulty created by the owner of the vacant house even though petitioner has already settled a house but in the last moment the owner of the house declined to entertain such

// 2 // petitioner. In the process, petitioner is unable to arrange a house to vacate the quarter in question.

5.

Considering the constraint faced by the petitioner and while recording the serious objection of learned State Counsel, this Court finds the petitioner has to be given some breath but, however, as a matter of last chance. In the process acceding to the request of the petitioner, this Court allows one month further time to the petitioner to retain the quarter but, however, without any further scope of extension. Let the petitioner bring the copy of this order to the competent authority immediately.

6.

The I.A. stands disposed of with the observation and direction made hereinabove.

7.

Issue urgent certified copy of this order on proper application. (Biswanath Rath) Judge Sks