← Library
Orissa High CourtWP(C)/9874/2005disposed off

Jagadish Ch.Das v. State

2022-02-16Dr. Justice S. Muralidhar (Cj),Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No.9874 of 2005 Jagadish Chandra Das (since dead) represented by his LRs.

.... Petitioners Mr. Saktidhar Das, Senior Advocate -versusState of Odisha and others ....

Opposite Parties Mr. S. N. Das, ASC

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK Order No.

ORDER

16.02.2022 06.

1. Having heard Mr. Saktidhar Das, learned Senior Counsel for the Petitioners and Mr. S. N. Das, learned Additional Standing Counsel for the State, this Court permits the Petitioners to prefer an appeal against the order dated 30th November, 2002 of the Tahasildar, Kandhamal, Phulbani, in terms of Odisha Prevention of Land Encroachment Act (OPLE Act).

2. If such an appeal is filed not later than 7th March, 2022 accompanied by an application for condonation of delay, explaining the delay on account of pendency of the present writ petition, it will be considered in accordance with law by the Appellate Authority. The interim order passed by this Court on 5th September, 2005 will continue during the pendency of the said appeal, provided it is filed

within the time stipulated. The Court clarifies that it has not expressed any view on merits.

3. The writ petition is disposed of in the above terms.

4. Issue urgent certified copy of this order as per rules. (Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge M. Panda