Jayabardhan Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.15237 OF 2022 Jayabardhan Mishra ....

Petitioner(s) Mr.S.K.Dash, Advocate -versusState of Odisha and others ....

Opposite Party(s) Mr. S.Mishra, ASC

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

22.06.2022 01.

1.

Heard learned counsel for the Parties.

2.

The writ petition involves a serious allegation in the matter of non-consideration of the interim application by the Revisional Authority and as a consequence, there is threat of eviction of the Petitioner even in pendency of the statutory revision. Taking this court to the earlier direction in W.P.(C) No.8497 of 2016 by order dated 07.01.2022, this Court permitting the Petitioner to file revision involving appeal order involved therein along with the condonation of delay application and also granting order of status quo to be continued for six weeks within which period the interim application was required to be disposed of, further directing the revision to be disposed of at least within a period of six months from the date of filing, Mr. Dash, learned counsel for the Petitioner claims the Revisional Authority neither disposed of the interim application nor disposing the revision and there is threat of eviction on the head of the Petitioner.

// 2 // 3.

This Court finds strange even though, there is direction for considering the interim application filed along with revision involved herein required to be disposed of within a period of six weeks. This Court grants status quo for a period of six weeks in disposal of the writ petition. The application is still pending, revision is also still pending for consideration. It is quite possible the Petitioner is inconvenience for the attitude of the Revisional Authority for the revision pending consideration to the Competent Authority. The writ petition may not be entertainable at this stage. However, considering the anxiety of the Petitioner in the matter of threat of eviction in the pendency of the revision, this Court extends the interim order at least till disposal of the interim application. Revision is however directed and disposed of within a period of three months.

4.

The writ petition stands disposed of with the above direction. (Biswanath Rath) Judge Swarna