Harilal Debnath v. The Tahasildar,Mahakalapada

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9145 of 2022 Harilal Debnath ....

Petitioner(s) Mr. P.K. Kar, Advocate -versusThe Tahasildar, Mahalakapada ....

Opposite Party(s) Mr. S.P. Panda, Addl. Govt. Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

27.04.2022 Order No.

01.

1.

There is an allegation through the writ petition that immediately after receipt of notice in Encroachment Case No.23/6 of 2021 vide Annexure-1, though the Petitioner has already submitted his objection vide Annexure-2, but there is no finalization of the proceeding vide Annexure-1.

2.

Mr. Panda, learned State Counsel, however, objects to the existence of the objection vide Annexure-2 for there is no mentioning of the date involving such document and thus submitted that there is doubt, whether the Petitioner has at all submitted any such objection or not.

3.

Considering the submissions made by the parties, this Court finds doubt in the submission of objection vide Annexure-2 for there is no indication of any date. Be that as it may, this Court observes, in the event the proceeding vide Annexure-1 is still pending and the competent authority is already in receipt of the objection at Annexure-

// 2 // 2, the proceeding involved herein shall be concluded taking into consideration the objection of the Petitioner within period of two months from the date of communication of a copy of this order by the Petitioner, but providing opportunity of hearing to the Petitioner. This order shall be worked-out provided the proceeding vide Annexure-1 is not yet over.

4.

The writ petition stands disposed of.

3.

Free copy of this order be handed over to the learned State Counsel for necessary communication.

(Biswanath Rath) Judge Ayaskanta Jena