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Orissa High CourtWP(C)/21252/2022disposed off

Premananda Ganda v. State Of Odisha

2022-09-20Dr. Justice B.R.Sarangi1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 21252 of 2022 Premananda Ganda .....

Petitioner Mr. S.J. Mohanty, Advocate Vs.

State of Odisha and others .....

Opposite Parties Mr. A.K. Mishra, AGA

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

20.09.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

Heard Mr. S.J. Mohanty, learned counsel for the petitioner. 3.

The petitioner has filed this Writ Petition challenging the notice of eviction issued by the Tahasildar, Ambabhona in Encroachment Case No. 371 of 2022 in Annexure-3 for eviction of the petitioner from Khata No. 170, Plot No. 930 measuring an area of Ac.0.01 dec in which the petitioner is earning his livelihood by doing betel shop for more than thirty years. 4.

Mr. A.K. Mishra, learned Additional Government Advocate contended that instead of filing objection to the notice issued to the petitioner, the petitioner has approached this Court in the present writ petition, which is not maintainable.

5.

Having heard learned counsel for the parties and after going through the record, since the Petitioner has come up challenging the notice of eviction, this Court is not inclined to entertain the prayer made in this Writ Petition. However, liberty is granted to the petitioner to pursue his remedy before the appropriate authority by filing objection by bringing the factual aspects, which has been raised in this writ petition, if he is so advised, so that the matter can be considered and appropriate orders can be passed in accordance with law.

6.

With that liberty, the Writ Petition stands disposed of. Arun (DR. B.R. SARANGI, J.)