Parasuram Mohapatra v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.7079 of 2007 Parasuram Mohapatra ....

Petitioner(s) Mr. K.A. Guru, Advocate -versusState of Orissa & Anr.

....

Opposite Party(s) Mr. U.K. Sahoo, ASC for O.P.1 Mr. S.B. Panda, Advocate for O.P.2

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

01.11.2022 04.

1.

Even assuming that the Petitioner rushed to this Court anticipating a threat of demolition involving the impugned order at Annexure-7, but after the moment the Petitioner got interim protection, nothing prevented the Petitioner to prefer a statutory appeal. For there is availability of statutory remedy of appeal this Court finds, the Writ Petition is not entertainable at this stage. However, considering that the interim protection granted in favour of the Petitioner is continuing as of now, this Court observes, in the event there is no demolition pursuant to the impugned order under Annexure-7, the Petitioner is at liberty to prefer statutory appeal within a period of ten days hence. The grounds raised herein can very well be agitated in the appeal and the same can very well be adjudicated by the appellate authority.

// 2 // 2.

The Writ Petition stands disposed of with the above observation only.

(Biswanath Rath) Judge A.K. Jena