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Orissa High CourtWP(C)/8787/2022disposed off

Prativa Chasa v. State Of Odisha

2022-04-08Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.8787 of 2022 Prativa Chasa ....

Petitioner(s) Mr. A.P.Bose, Advocate -versusState of Odisha & Ors.

....

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

CORAM:

JUSTICE BISWANATH RATH

ORDER

08.04.2022 1.

Heard learned counsel appearing for the parties. Order No.

2.

Bringing to the notice of the Court the development through Annexure-2 and petitioner filing his response vide Annexure-4 to the notice vide Anenxure-3 issued by Sonepur Municipality, it is alleged that in absence of any final determination on the issue involving Anenxure-3, there has been issuing of eviction notice by the Municipality vide Anenxure-1. Mr.Bose, learned counsel appearing for the petitioner taking to the pleading submits that petitioner on oath has stated there is no outcome on the objection of the petitioner as against Annexure-3, notice.

3.

This Court in disposal of the writ petition observes in the event there is no finality to the show cause response of the petitioner in Annexure-4 pursuant to notice under Anenxure-3, there cannot be any eviction. In the process if authority finds there is no finality to Annexure-3 and there is no communication of such outcome to the petitioner in the meantime, attempt for disposal of the request of the petitioner vide Anenxure-4 be taken and complete such exercise within a period of six weeks. Till such period, in the event the notice under Annexure-1 has not been given effect to, the same may not be given effect to. Petitioner is directed to bring this order to the notice of the

// 2 // Executive Officer, Sonepur Municipality at least within a period of seven working days.

(Biswanath Rath) Judge Sks