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Orissa High CourtWP(C)/19540/2022disposed off

Sanjukta Karan v. State Of Orissa

2022-08-04Mr. Justice Biswanath Rath1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.19540 of 2022 Sanjukta Karan & Anr.

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Petitioner(s) Mr. N. Lenka, Advocate -versusState of Orissa & Ors.

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

CORAM:

JUSTICE BISWANATH RATH

ORDER

04.08.2022 Order No.

1.

1.

From the documents filed by the Petitioners in the writ petition it appears, there is already initiation of encroachment proceeding vide E.C. No.77/98. This Court here records the allegation of the Petitioners that a fresh notice vide Annexure-3 has been issued involving the Petitioners also in respect of the property already involved in the E.C. No.77/98 and also during pendency of such proceeding. For the clear statement made by the learned counsel for Petitioners, this Court observes, in the event there is no finality to the encroachment proceeding vide E.C. No.77/98 as of now, there should not be eviction of the Petitioners from the disputed property in question without following due process of law. 2.

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