Sadasib Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.26390 OF 2021 Sadasib Mallick & Ors.

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Petitioners Mr. Dhananjaya Nayak, Advocate -versusState of Odisha & Anr.

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Opposite Parties Mr. J.Katakia, AGA

CORAM:

JUSTICE C.R. DASH JUSTICE SAVITRI RATHO

ORDER

19.01.2022 Order No.

01.

1.

This matter is taken up through Virtual Mode. 2.

Heard learned counsel for the parties.

3.

The petitioner is stated to have filed this writ petition for necessary protection. When the Waqf Board is in seisin over the matter and notice has been issued to the petitioner to file Show Cause, we do not feel inclined to interfere in the matter at this stage, as it would be pre-postureous. The petitioner, if so advised, may appear before the Chief Executive Officer, Odisha Board of Waqf-Opposite Party No.3 in response to the notice, and the competent authority of the Waqf Board of Odisha is directed to dispose of the matter in accordance with law after giving opportunity of hearing to the persons concerned and others who are likely to be affected by the order. The entire exercise be

completed within four months from the date of receipt of the certified copy of this order.

4.

No coercive action shall be taken against the petitioner, till a decision is taken.

5.

The writ petition is accordingly disposed of. 6.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January,2022. ( C.R. Dash ) Judge ( Savitri Ratho ) Balaram Judge