Vikramdev Agrawal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18280 OF 2022 Vikramdev Agarwal ....

Petitioner(s) Mr. D.R.Bhokta, Advocate -versusState of Orissa and others ....

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

CORAM:

JUSTICE BISWANATH RATH

ORDER

25.07.2022 Order No.

01.

1.

Heard learned counsel for the Parties.

2.

Since the Petitioner has a statutory remedy of appeal as against the impugned order, this Court is not inclined to entertain the Writ Petition. However, considering the request made by the learned counsel for the Petitioner, this Court permits the Petitioner to withdraw the Writ Petition with liberty to file Appeal along with an application for condonation of delay, if any, and also with an application for interim protection before the appellate authority within a period of two weeks hence.

3.

It is further directed that in the event the Petitioner files appeal along with an application for condonation of delay, if any and also with an application for interim protection within the aforesaid period, the delay shall be condoned and the appeal shall be heard on its own merit and the interim application to be filed by the Petitioner within the time stipulated hereinabove, shall be decided within a period of four weeks thereafter.

// 2 // 4.

It is further directed that in the event the Petitioner has not been evicted from the disputed property in question as yet and is still in possession of the disputed property in question, he shall not be evicted from the said disputed property for a period of six weeks. 5.

The Writ Petition stands dismissed as withdrawn but however with liberty as prayed for.

(Biswanath Rath) Judge Swarna