Jhantu Roul v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.11868 of 2022 Jhantu Roul ....

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

....

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

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

12.05.2022 01.

1.

Heard the learned counsel for the Parties.

2.

From the disclosures at Page-12 of the brief, it appears the Petitioner is already facing a proceeding vide Encroachment Case No.5 of 2022-23. From the notice it becomes clear that Petitioner was directed to attend the above proceeding on 05.05.2022. This Court finds, the Writ Petition is premature at this stage. In the process while disposing of the writ petition as not entertainable at this stage, this Court directs, in the event the Encroachment Case indicated herein above is still pending, the Petitioner has the option to defend the case before the Tahasildar. This Court further clarifies that in the event the proceeding vide Encroachment Case No.5 of 2022-23 is already over, Petitioner may avail the option of filing appeal before the SubCollector. 3.

The matter stands disposed of.

(Biswanath Rath) Judge Swarna