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Orissa High CourtWP(C)/8010/2017disposed off

Gopabandhu Barik v. State Of Odisha

2022-08-30Dr. Justice S. Muralidhar (Cj),Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) PIL No.8010 of 2017 Gopabandhu Barik and others ....

Petitioners Mr. G. Rout and associates, Advocates -versusState of Odisha and others ....

Opposite Parties Mr. J. Katikia, ASC

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

30.08.2022 04.

1. It appears that W.P.(C) No.10413 of 2017 was disposed of on 2nd June, 2017 itself and, therefore, the so called stay order which was to last for three weeks thereafter can no longer prevent the Opposite Parties from proceeding in accordance with law against Opposite Parties 4 to 7.

2. Nevertheless, since Opposite Parties 4 to 7 are not represented in the present case despite service of notice. Therefore, a direction is issued to the Opposite Parties 2 and 3 to proceed in accordance with law to remove the encroachment only after sufficient notice and opportunity are provided to Opposite Parties 4 to 7.

3. This direction is issued in view of the categorical stand taken in the counter affidavit filed by Opposite Parties 2 and 3 that there is indeed the encroachment on Government land by Opposite Parties 4 to 7.

4. The petition is disposed of in the above terms. (Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge M. Panda