Abhimanyu Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.36684 of 2021 Abhimanyu Sahu ....

Petitioner(s) Mr. A. Tripathy, Advocate -versusState of Odisha & Ors.

....

Opposite Parties Mr. R.P. Mahapatra, Additional Government Advocate

CORAM:

JUSTICE BISWANATH RATH

ORDER

07.02.2022 Order No.

02.

1.

Undisputedly the L.E. Case No.182/2015 has been finally disposed of holding the Petitioner as an encroacher and also with imposition of fine. For the clear provision at Section 8-A of the O.P.L.E. Act, 1972 the application, if any, for settlement of the disputed land was required to be followed during pendency of the O.P.L.E proceeding. Admittedly the application U/s.8-A of the O.P.L.E. Act vide Annexure-5 was filed in the year 2020 being sent through registered post on 23.05.2020. For the clear provision requiring entertaining such application during the pendency of the O.P.L.E. proceeding, the application at Annexure-5 is clearly not maintainable.

In the circumstance this Court declines to entertain the writ petition, which is hereby dismissed.

(Biswanath Rath) Judge Ayaskanta Jena