Chinmaya Kumar Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.37587 of 2021 Chinmaya Kumar Nayak ....

Petitioner Mr.A.N. Pattanayak, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. D.K. Mohanty, AGA

CORAM:

THE CHIEF JUSTICE JUSTICE R.K.PATTANAIK Order No.

ORDER

31.01.2022 01.

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

2. Learned counsel for the Petitioner seeks leave to withdraw the writ petition with liberty to file an appeal before the SubCollector under Rule 46 of the OMMC Rules against the order dated 2nd November, 2021 passed by the Tahasildar, Hatadihi. If such an appeal is filed not later than 14th February, 2022 along with an application for condonation of delay, explaining the delay on account of the pendency of the present petition, it will be considered by the Sub-Collector in accordance with law. The Sub-Collector will endeavour to dispose of the appeal not later than 4th April, 2022. It is clarified that the Court has not expressed any opinion on the merits of the case.

3. The writ petition is disposed of in the above terms.

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4. 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 Court's Notice No.4798, dated 15th April, 2021 and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge KC Bisoi