Saha Mirga @ Madhaba Chandra Mirga v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C).No.12505 OF 2022 Saha Mirga @ Madhaba Chandra Mirga ....
Petitioner(s) Mr.S.K.Sahu, Advocate -versusState of Odisha & Ors.
....
Opposite Party(s) Mr.U.K.Sahoo, ASC
CORAM:
JUSTICE BISWANATH RATH
ORDER
17.05.2022 1.
Heard learned counsel appearing for the parties. Order No.
2.
Petitioner has a serious allegation that in one hand when the Government is arranging land to allot in favour of the persons like that of the petitioner by treating them to be financially backward and issuing the land right proof vide Annexure-3 in the involvement of Notified Area Council, simultaneously on the other hand the Notified Area Council, Binka is coming forward with eviction notice as appearing at page Nos.10 & 13 of the brief. This Court finds, there is serious allegation that when there is an attempt in the matter of allotment of land in favour of the backward class people, at the same time there is also an attempt to take out such right by issuing notice of eviction. 3.
Considering the above allegation to be a serious one and to provide opportunity to both sides to have a look to the development taken place involving the issue involved herein in the meantime, this Court permits the petitioner to raise his objection raised herein before the Collector, Subarnapur and Executive Officer, Binka at least within a period of seven working days hence along with an authenticated copy of this order. In the event the Petitioner does so within time, the Collector, Subarnapur and Executive Officer, Binka are directed to
// 2 // consider the grievance of the petitioner in a joint sitting and take a final decision on the same within a period of six seeks thereafter. 4.
It is further directed that in the event the petitioner has not been evicted from the disputed property in question as yet, he shall not be evicted till a decision is taken by the Collector and the Executive Officer in a joint sitting.
5.
The writ petition stands disposed of with the observation and direction made hereinabove.
.
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(Biswanath Rath) Judge Sks