Kabita Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13323 of 2022 Kabita Mallik ....

Petitioner -versusState of Odisha & Others ....

Opposite Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

27.05.2022

1. 1.

This matter is taken up through Hybrid Mode.

Order No 2.

Heard learned counsel for the Parties.

3.

The Petitioner is aggrieved by the notice dated 17.05.2022 issued by the Tahasildar, Tangi, Choudwar under Annexure-1 in Encroachment Case No.09/15-16. 3.

Since the said action of the Tahasildar is an appealable one, this Court is not inclined to entertain the writ petition. However, it is observed that if any appeal is filed challenging such notice issued in the aforesaid encroachment case within a period of seven days along with an application for interim application, the said appellate authority shall take a lawful decision on the said interim application within a period of fifteen days thereafter. Till such a decision is taken, no coercive action shall be taken against the petitioner basing on the notice issued under Annexure-1. It is observed that this Court has not

// 2 // expressed any opinion on the merits of the case. 4.

The Writ Petition is disposed of accordingly. Biraja Prasanna Satapathy (Vacation Judge) Subrat