G.Venketeswar Rao v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.10769 of 2022 G. Venketeswar Rao ....

Petitioner(s) Mr. D.R. Bhokta, Advocate -versusState of Odisha & Ors.

....

Opposite Parties Mr. S.P. Panda, Addl. Govt. Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

13.05.2022 Order No.

01.

1.

Since the Petitioner has a statutory remedy of appeal as against the impugned order, this Court is not inclined entertain the claim of the Petitioner involving Form-'Kha' & 'Ga'. However, considering the request made by the learned counsel for Petitioner, this Court permits the Petitioner to withdraw this writ petition with liberty to file an appeal along with an application for condonation of delay and also with an application for interim protection before the appellate authority within a period of seven days hence. 2.

It is further directed that in the event the Petitioner files appeal along with an application for condonation of delay and also with an application for interim protection within the aforesaid period, the delay shall be condoned and the appeal shall be heard on its own merit and the interim application to be filed by the Petitioner

// 2 // within the time stipulated hereinabove, shall be decided within a period of one month thereafter.

3.

It is further directed that in the event the Petitioner has not been evicted from the disputed property in question as yet and is still in occupation of the disputed property in question, there shall be maintenance of status quo in respect of the disputed property in question by all the parties concerned for a period of six weeks. 4.

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