Pramod Ku Pany v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 14728 of 2022 Pramod Ku Pany ....

Petitioner Mr. Biplab P.B. Bahali, Advocate - Versus - State of Odisha and others ....

Opposite Parties Mr. G.N. Rout, ASC

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

13.06.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

The petitioner is aggrieved by the issuance of notice of eviction under Form-"Kha" by Additional Tahasildar, Kankadahad on 18.05.2022. This is an appealable order as per Section 12 of OPLE Act.

3.

It is submitted that the learned counsel for the petitioner that pursuant to the impugned order, steps have been taken to evict him from the land in question. The statute provides remedy of stay of eviction under Section 12(4) of the OPLE Act.

4.

It is further submitted that the petitioner wants to file an appeal before the appropriate authority, as also an application for stay of eviction.

5.

Having regard to the submissions as above, the Writ Petition is disposed of granting liberty to the petitioner to file an appeal as also the application for stay of eviction. If

such an application is filed the same shall be considered in accordance with law. If the application is filed within the prescribed period of limitation, the impugned notice under Annexure-3 series shall not be given effect to till consideration of the petition for stay.

6.

Issue urgent certified copy as per rules.

(Sashikanta Mishra, J) Vacation Judge B. Swain