Jasoda Biswas v. The Executive Officer, Bhadrak

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.31533 OF 2020 Jasoda Biswas ....

Petitioner(s) Mr.U.C.Jena, Advocate -versusThe Executive Officer, Bhadrak and others ....

Opposite Party(s) Mr. P.K.Rath, Advocate

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

07.07.2022 04.

1.

Heard learned counsel for the Parties.

2.

In course of hearing it is brought to the notice that the Writ Petition involves a challenge to the show cause notice under Annexure4 and the Petitioner approaches this Court at that stage of matter. 3.

Mr. Rath, learned counsel appearing for the Bhadrak Municipality raised objection on entertainability of the Writ Petition. Further, Petitioner having opportunity of objection to the fresh notice at Annexure-4, this Court finds, there is justification in the allegation of Mr. Rath, learned counsel appearing for Bhadrak Municipality. 4.

Undisputedly Petitioner has a scope of objection pursuant to notice at Annexure-4. This Court disposes of the Writ Petition as premature at this stage. In disposal of the writ Petition, the Petitioner is permitted to file his objection to Annexure-4 at least within a period of two weeks and upon filing of the objection, the proceeding initiated vide Annexure-4 may be disposed of also involving the Petitioner and taking into consideration his objection, if any. In the meantime there

// 2 // shall be no coercive action against the Petitioner involving Annexure-4 till disposal of the proceeding.

(Biswanath Rath) Judge Swarna