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Orissa High CourtWP(C)/29717/2022disposed off

Dileswar Meher @ Sahadev Meher v. State Of Odisha

2022-12-01Dr. Justice B.R.Sarangi,Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 29717 of 2022 Dileswar Meher @ Sahadev Meher .....

Petitioner Mr.T.Meher, Advocate.

Vs.

State of Odisha &Others .....

Opposite Parties Mr.P.K.Muduli, AGA

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

01.12.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

Heard Mr. T.Meher, learned counsel for the Petitioner and Mr.P.K.Muduli, learned Additional Government Advocate for the StateOpposite Parties. 3.

The present Writ Petition has been filed with the following prayer:- " The petitioner therefore prays your Lordships may graciously be pleased to consider the facts stated above in this petition and issue "Rule NISI" directing the opp. parties as to why Writ of mandamus shall not be issued;

And if the opp. parties are failed to show cause or show insufficient cause or make the rule absolute; And issue Writ of Mandamus directing opp. parties no.01 to 07 not to distribute or to pay compensation to opp. parties No.8 to 13 till finalization of the Mutation cases as already remanded by Sub-Collector Patnagarh in Mut. Case No.4/1482/2020 and Mut. Case No.4/1481/2020 pending before Tahasildar, Patnagarh, opp. party no.7".

4.

In course of hearing, learned counsel for the Petitioners states that highlighting their grievance, the Petitioners have made representation to Opposite Party No.5 vide Annexure-5-Series and the same may be directed to be considered taking into account the judgment and decree passed by the learned Civil Court within a stipulated time, to which learned Counsel for the State has no objection. 5.

As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.5 to consider the representation filed by the petitioners vide Annexure-5Series, and taking into account the judgment and decree passed by the learned Civil Court within a period of four weeks from the date of production of certified copy of this order.

Issue urgent certified copy as per Rules.

Subrat (DR. B.R. SARANGI) JUDGE (B. P. SATAPATHY) JUDGE