Sarata Behera v. Sub-Collector, Balasore

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18380 of 2022 Sarata Behera ....

Petitioner(s) Mr. B.P. Das, Advocate -versusSub-Collector, Balasore & Anr.

....

Opposite Parties Mr. S. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE BISWANATH RATH

ORDER

28.07.2022 Order No.

01.

1.

Since the Petitioner has a clear statutory remedy of appeal as against the impugned order at Annexure-4, this Court is not inclined to entertain the writ petition. At this stage a prayer is made by Mr. Das, learned counsel for the Petitioner for withdrawal of the Writ Petition with liberty to the Petitioner to avail the remedy of appeal.

2.

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 a period of two weeks hence, 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 // 3.

It is further directed that there shall be maintenance of status quo in respect of the disputed property in question by all the parties concerned for a period of six weeks.

4.

The writ petition stands disposed of with the above direction (Biswanath Rath) Judge Ayaskanta Jena