Debaraj Dalai v. The State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.33668 of 2020 Debaraj Dalai ....

Petitioner Mr. S.C.Puspalaka, Advocate -versusState of Odisha & others ....

Opposite parties Mr.A.R.Dash, Addl. Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE K.R.MOHAPATRA Order No.

ORDER

27.01.2022 02.

1.

This matter is taken up by video conferencing mode. 2.

Heard Mr.S.C.Puspalaka, learned counsel for the petitioner and Mr.A.R.Dash, learned Addl.

Government Advocate.

3.

According to Mr.Puspalaka the petitioner who happens to be a ex-serviceman is aggrieved by inaction of the authorities more particularly Tahasildar, Bhubaneswar (opposite party No.4) in taking a decision on his application for settlement of a piece of land as indicated under Annexure-7 filed on 16.2.2018. Instead of taking a decision on the same, loud speaker announcement has been made to evict the petitioner from Plot No. 350 under Khata No. 179 of Mouza-Tomando under Bhubaneswar Tahasil, a reference to which has been made under Annexure-7. In such background he prays that a direction be issued to Tahasildar, Bhubaneswar (opposite party No.4) to take a decision on the above noted application under Annexure-7 within a specific time period and in the interregnum, the interest of the petitioner be protected. 4.

Considering the submissions made and without

// 2 // expressing any opinion on the merits of the case, this Court directs the Tahasildar, Bhubaneswar (opposite party No.4) to take a decision on the above noted application under Annexure7 in accordance with law within a period of three months from the date of receipt of copy of this order. Till disposal of the application, no coercive action shall be taken against the petitioner, if in the meantime the same has not already been taken.

5.

Accordingly the writ petition is 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. Kishore (Biswajit Mohanty) Judge (K.R.Mohapatra) Judge