John Swain v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13051 of 2022 John Swain ....

Petitioner Mr.Santosh Kumar Mahanty,Advocate -versusState of Odisha & others ....

Opposite Parties Mr. B.P.Tripathy, A.G.A.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

26.10.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

The Petitioner approaches this Court by filing the present writ application being aggrieved by the notice dated 12.04.2022 issued by the Certificate Officer-cum-Tahasildar, Kodala, Ganjam in a Certificate Case to the Petitioner.

3.

It is submitted by the Petitioner that such a proceeding is not maintainable against the Petitioner. Accordingly, the Petitioner submitted his objection to the aforesaid notice before the Certificate Officer-cum-Tahasildar, Kodala.

4.

Considering the fact that the issue is pending before the Certificate Officer-cum-Tahasidlar, Kodala, the present writ application is being disposed of with a direction to the Certificate Officer-cum-Tahasildar, Kodala, Opposite Party No.4 to consider the objection of the Petitioner under Annexure-5 dated 02.05.2022 and

// 2 // take a decision on the said objection before proceeding further in the matter. It is open for the Opposite Party No.4 to provide opportunity of hearing to the Petitioner in the matter of hearing of the objection dated 02.05.2022. Let a decision be taken on the objection of the Petitioner within six months.

5.

As an interim, it is directed that the Opposite Party No.4 shall not take any coercive action against the Petitioner before disposing of the objection filed by the Petitioner.

6.

Issue urgent certified copy of this order as per Rule. (A.K. Mohapatra) Judge RKS