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Orissa High CourtWP(C)/17841/2022disposed off

Subala Charan Swain v. State Of Odisha

2022-07-22Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.17841 OF 2022 Subala Charan Swain and another ....

Petitioner(s) Mr. P.K.Satapathy, Advocate -versusState of Odisha and others ....

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

CORAM:

JUSTICE BISWANATH RATH

ORDER

22.07.2022 Order No.

01.

1.

Heard learned counsel for the Parties.

2.

Petitioner has a serious allegation that the Tahasildar, Nuagaon is attempting to misuse of the direction of this Court in W.P.(C) No.15700 of 2022 and in the process issuing notice at Annexure-2 to the Petitioner however not considering the objection of the Petitioner already submitted therein.

2.

Petitioner alleges that the encroachment proceeding is pending and the order involved therein will likely affecting the Petitioner, Petitioner's prays the objection of the Petitioner not only be considered but also Petitioner should also be given opportunity of hearing. 3.

Considering the grievances of the Petitioner, this Court in disposal of the Writ Petition observe in the event encroachment case involving notice at Annexure-2 is pending, the Tahasildar, Nuagaon shall do well in finalizing the encroachment case not only considering the objection of the Petitioner but providing opportunity of hearing to the Petitioner.

// 2 // 4.

With this observation, the Writ Petition stands disposed of. (Biswanath Rath) Judge Swarna