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Orissa High CourtWP(C)/15552/2022disposed off

Magi Chhatria v. State Of Odisha

2022-06-24Mr. Justice Biswanath Rath1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) NO.15552 OF 2022 Magi Chhatria ....

Petitioner Mr.A.Mishra, Adv.

-versusState of Odisha & ors.

....

Opposite Parties Mr.S.Ghosh, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

24.6.2022 Order No.

1.

Learned counsel for the Petitioner wants to withdraw the Writ Petition with liberty to file an appeal. 2.

In the circumstance, the Writ Petition stands dismissed as withdrawn but however with the liberty as prayed for. 3.

Considering the statutory right of the Petitioner to file appeal and as the Petitioner was bona fidely moving a Writ Court, this Court observes, in the event the Petitioner files an appeal within two weeks from today along with necessary interlocutory application for interim protection, the appeal shall be heard on its own merit and decided finally giving opportunity of hearing to the Petitioner. Interlocutory application, if any, accompanied to the appeal shall also be considered and decided at least within a period of four weeks. In the event the Petitioner is still in possession of the property, for six weeks, there shall be status quo in respect of the disputed property.

(Biswanath Rath) Judge M.K.Rout