Basanta Kumar Nanda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.2738 OF 2022 Basanta Kumar Nanda & ors.

....

Petitioners Mr.S.Satapathy, Adv.

-versusState of Odisha & ors.

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Opposite Parties Mr.U.K.Sahoo, ASC

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

2.2.2022 02.

1.

This matter is taken up through video conference. 2.

Heard learned counsel for the Parties.

3.

Undisputedly, there is an appeal provision to the impugned order but however keeping in view that the Appeal should have been preferred within thirty days and a bona fide move by way of Writ Petition is made to this Court, this Court while declining to entertain the Writ Petition for having clear statutory remedy of appeal, however permits the Petitioner to file an Appeal within two weeks hence. In the event no coercive action has been taken in between involving the impugned order, there shall be status quo in respect of the disputed property till three weeks of filing of the Appeal along with Interim Application. The interim application be disposed within two weeks of such filing.

4.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the Parties may utilize a printout of

// 2 // 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, modified by Notice No.4798 dated 15th April, 2021 and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(Biswanath Rath) Judge M.K.Rout