Keshaba Charan Ratha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 26507 of 2022 Keshaba Charan Ratha .....

Petitioner Mr. M. Mohanty, Advocate -VersusState of Odisha and Ors.

.....

Opposite Parties Mr. A.K. Mishra, AGA

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

15.12.2022 I.A. No. 16051 of 2022 Order No.

02.

This matter is taken up by hybrid mode.

2.

This application has been filed by the Petitioner seeking modification of the Order dated 20.10.2022.

3.

Considering the grounds taken in the application itself and after hearing learned Counsel for the parties, the Order dated 20.10.2022 is hereby recalled and fresh order is passed today in W.P.(C) No. 26507 of 2022 in separate sheet.

4.

I.A. stands disposed of.

(DR. B.R. SARANGI) JUDGE P.T.O.

W.P.(C) No. 26507 of 2022 Order No.

03.

This matter is taken up through hybrid mode.

2.

Heard Mr. M. Mohanty, learned counsel for the petitioner and Mr. A.K. Mishra, learned Addl. Government Advocate. 3.

The petitioner has filed this writ petition seeking direction to the opposite parties no.3 and 4 not to evict forcibly to the petitioner from area Ac.0.01 decimals out of Ac.0.011 decimals under plot no.868 appertaining to khata no.469 of Mouza-Titilagarh (Kha), P.S.-Titilagarh in Ward No.7 and Holding No. 72/60 in the district of Bolangir, for which opposite party no.3 received the rent from the petitioner.

4.

The petitioner apprehends that he may be evicted from the shop room and, therefore, he has approached this Court by filing the present writ petition. As such, in apprehension, the writ petition is not maintainable. 5.

In the above view of the matter, the writ petition is disposed of directing opposite parties no.2 and 3 that if any step is taken for eviction of the petitioner, the same shall be done by following due procedure of law. 6.

With the aforesaid observation and direction, the writ petition stands disposed of.

Ashok (DR. B.R. SARANGI) JUDGE