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Orissa High CourtWP(C)/3196/2022disposed off

Seshadev Praharaj v. State Of Odisha

2022-02-04Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC NO.3196 OF 2022 Seshadev Praharaj ....

Petitioner Mr.B.Bhuyan, Adv.

-versusState of Odisha & ors.

....

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

CORAM:

JUSTICE BISWANATH RATH

ORDER

4.2.2022 01.

1.

This matter is taken up through video conference mode. Order No.

2.

Heard learned counsel for the Parties.

3.

The Writ Petition involves a notice issued by the B.D.O.- cum-Election Officer, Balianta under the Orissa Gramapanchayat Election Rules, 1965.

4.

Learned counsel for the Petitioner alleges that by the impugned notice, vide Annexure-3, the Petitioner's right over his personal property is being infringed.

// 2 // 5.

There is clear indication in Annexure-3 that the Petitioner is in illegal occupation of a school building. However, the Petitioner claims that he is the owner of such building. This Court has no power to entertain the nature of the dispute involved herein. In the event the Petitioner so aggrieved by such issuing notice at Annexure-3 involving any sort of infringement of right over his personal property, it may be open to the Petitioner to approach the Civil Courts and get appropriate decree.

6.

The Writ Petition stands disposed of accordingly. 7.

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