Dayanidhi Nag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.14855 of 2022 Dayanidhi Nag ....

Petitioner Mr. S.K.Joshi, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.S.Nayak, A.S.C.

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

17.6.2022.

01.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The case of the Petitioner is that he had approached this Court in W.P.(C) No.3346/2021 challenging the steps taken to evict him from the land in question. By order dated 24th February, 2021, this Court directed that if any encroachment proceeding is initiated, the Petitioner shall be at liberty to raise his claim for settlement therein and further his eviction shall only be made in accordance with law. Accordingly, the Petitioner has submitted a representation to the Tahasildar, Nuapada on 15th March, 2021 and to the Collector, Nuapada

// 2 // on 16th April, 2022 raising his claim for settlement of the land in his favour. It is submitted that in the mean time the Tahasildar is making attempts to evict him from the land. Copies of certain photographs have been annexed to the Writ Petition as Annexure-4.

4. Having regard to the submissions as also the facts and circumstances of the case and in particular, the fact that the Petitioner's grievance is pending before the Collector, Nuapada (Opposite Party No.2), this Court disposes of the Writ Petition directing the Opposite Party No.2 to dispose of the same within a period of three weeks from the date of production of a copy of this order. Till such time, the Petitioner shall not be evicted from the case land.

5. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Vacation Judge

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