Md. S. Ansari v. Steel Authority Of India Ltd (Sail), Sundargarh

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.4816 of 2022 Md. S. Ansari .....

Petitioner Mr. Sushanta Kumar Mishra, Advocate -versusSteel Authority of India Ltd. (SAIR), Sundargarh and another ....

Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel (For Opposite Party No.2)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

17.02.2022 1.

1.

This matter is taken up through Hybrid mode.

2.

The prayer of the Petitioner in this writ petition is to set aside the order dated 7th February, 2022 (Annexure-1) passed by the Estate Officer under Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short, 'the Act')- Opposite Party No.2 in PP Case No.2056 of 2017 initiated under the said Act.

4.

It course of hearing, Mr. Mishra, learned counsel for the Petitioner submits that interest of justice will be best served if the Petitioner avails remedy of appeal provided under the Act. He, however, submits that till filing of the appeal the occupation of the Petitioner over the Industrial Township Qrs. No.H/651, Sector-15, Rourkela may be protected. 5.

Taking into consideration the submission made by learned counsel for the Petitioner, this Court, without expressing any opinion on merit of the case of the Petitioner,

// 2 // disposes of the writ petition with a direction that the Petitioner, if so advised, may file appeal against the impugned order under Annexure-1 and may move for interim protection if any under Section 9 of the Act. In order to enable the Petitioner to file appeal and move for interim order, the impugned order under Annexure-1 shall be kept in abeyance for a period of fifteen days, if the same is not given effect to, as yet. 6.

This writ petition is, accordingly, disposed of. Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy