Siba Prasad Dhalasamanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.6541 of 2022 Siba Prasad Dhalasamanta ....

Petitioner(s) Mr. P.K. Rath, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Mr. R.P. Mahapatra, Addl. Govt. Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

31.03.2022 01.

1.

Right of the Petitioner has been claimed involving the disputed Order No.

property on the basis of note of possession and also the purchase vide Annexures-1 & 2.

2.

It is in the background of the matter, Mr. Rath, learned counsel for the Petitioner alleges that demolition action by the Lord Jagannath Temple Administration is not only without following due process of law but also contrary to the materials available on record. Mr. Rath, learned counsel for Petitioner makes a statement that looking to the background of this case, the Petitioner wants to go to the civil court for appropriate remedy but the Lord Jagannath Temple Administration Everyday is threatening to demolish the property for which the Petitioner may be protected for some days.

// 2 // 3.

In this view of the matter, this Court though is not inclined to entertain the writ petition at this stage, but however liberty is given to the Petitioner, if so advised, to approach the civil court. However, considering the threat of demolition of the property of the Petitioner claimed herein, this Court directs the parties to maintain status quo as on today in respect of the disputed property at least for a period of four weeks, by which time, the trial court is directed to consider the application for interim protection of the Petitioner, if filed and pass appropriate orders thereon. Granting of interim protection in favour of the Petitioner shall not be treated as an equity nor have any influence in considering the injunction application by the trial Court. 4.

The writ petition is disposed of with the above direction. (Biswanath Rath) Judge Ayaskanta Jena