Brundaban Bariha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.27938 of 2022 Brundaban Bariha ....

Petitioner(s) Dr. B.K. Mishra, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Mr. S.P. Panda, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

26.10.2022 01.

1.

It appears, the Petitioner has straightway approached this Court Order No.

challenging the notice of recovery vide Annexure-1. For the opinion of this Court, in the event the Petitioner has any objection to such notice, in the first instance the Petitioner should have made an approach to the authority issued such notice. In the process and as this Writ Petition is not entertainable at this stage, this Court directs the Petitioner to make a response to the B.D.O, Bhapur Block-O.P.3 pursuant to the notice of recovery at Annexure-1 for reconsideration of the issue involved at least within a period of seven days hence. In the event any such response is made to the B.D.O, Bhapur Block-O.P.3, the B.D.O, Bhapur Block-O.P.3 shall do well in considering the objection of the Petitioner and finalizing the issue involved therein, within a period of one month thereafter.

2.

It is further directed that for one & half months, there shall be no coercive action against the Petitioner, subject to however, the Petitioner submits his objection alongwith a deposit of at least a sum of

// 2 // Rs.50,000/- (rupees fifty thousand) without prejudice to the claim of either of the parties.

3.

The Writ Petition stands disposed of.

4.

Free copy of this order be handed over to Mr. Panda, learned State Counsel.

(Biswanath Rath) Judge Ayaskanta Jena