Udhaba Saraf v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.16889 OF 2022 Udhaba Saraf ....

Petitioner Mr.B.Mohanty, Adv.

-versusState of Odisha & ors.

....

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

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

12.7.2022 1.

1.

Heard learned counsel for the Parties.

2.

The Writ Petition involves a challenge to Annexure-3 being issued on 5.7.2022.

3.

Learned counsel for the Petitioner alleges that for the notice involving 48 hours direction, the Petitioner was not in a position to submit his objection to such notice and establishing his right and continuance over the property involved.

4.

The Writ Petition was filed on 8.3.2022 and is taken up today. Learned counsel for the Petitioner makes a statement that till yesterday, there is no working out of Annexure-3. This Court in order to provide opportunity of show cause to the Petitioner in disposal of the Writ Petition observes, provided there is no demolition of the disputed property involving the Petitioner pursuant to Annexure-3 as on today, it will be open to the Petitioner to file his

// 2 // objection before Executive Officer, Balangir Municipal Council, O.P.3 by tomorrow (13.7.2022) and in such event, O.P.3 is directed to consider the objection of the Petitioner involving the notice dated 5.7.2022 and pass appropriate orders also giving opportunity of hearing to the Petitioner. In the event the notice dated 5.7.2022 has not been given effect, till a decision is taken by O.P.3, the same shall not be given effect to.

5.

Issue urgent certified copy in course of the day. (Biswanath Rath) Judge M.K.Rout