Sukadeb Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.12996 of 2022 Sukadeb Jena ....

Petitioner(s) Mr.A.K.Pradhan, Advocate -versusState of Odisha & Ors.

....

Opp.Party(s) Mr.S.Ghose, ASC

CORAM:

JUSTICE BISWANATH RATH

ORDER

20.05.2022 1.

In course of submission, learned counsel appealing for the Order No.

petitioner prays for withdrawal of the writ petition with liberty to the petitioner to file appeal. Since the petitioner has a statutory appeal remedy as against the impugned order at Annexure-2 series, this Court permits the petitioner to file an appeal as against the impugned order along with an application for condonation of delay and also with an application for interim protection before the appellate authority within a period of two weeks 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 within the time stipulated hereinabove, shall be decided within a period of three weeks 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 status quo in respect of the disputed property in question for a period of five weeks.

// 2 // 4.

The writ petition stands disposed of with the observation made hereinabove.

(Biswanath Rath) Judge Sks