Nirod Ranjan Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) NO.28963 OF 2022 Nirod Ranjan Das ....

Petitioner Mr.A.Satpathy, Adv.

-versusState of Odisha & ors.

....

Opposite Party(s) Mr.D.Mohapatra, Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

9.11.2022 01.

1.

Heard learned counsel for the Parties.

Order No.

2.

The Petitioner while claiming his case involved herein to be completely covered by the judgment of this Court in W.P.(C) No.5274/2022 passed on 19.7.2022, Mr.D.Mohapatra, learned counsel for the Development Authority in reference to the information appearing through Memorandum of Enquiry, while submitting that the Writ Petition is premature at this stage further submits, since the proceeding is pending before the Development Authority, this Court should not take any decision at this point of time and may leave the matter for consideration of the Development Authority.

3.

Considering the rival contentions of the Parties and as this Court finds, the Petitioner's case is pending consideration with the

// 2 // Development Authority, in disposal of the Writ Petition, this Court directs the Development Authority for looking to the request of the Petitioner involved herein also pending before it keeping in view the applicability of the judgment of this Court in W.P.(C) No.5274/2022 passed on 19.7.2022 by undertaking such exercise at least within one and half months from the date of communication of this order. It is made clear, if the decision comes on the way of the Petitioner, decision in handing over the property shall also be taken at least within a further period of one month.

(Biswanath Rath) Judge M.K.Rout