Sobani Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 39140 of 2021 Sobani Nayak ....

Petitioner Mr. K.A. Guru, Advocate on behalf of Mr. Laxman Pradhan, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Dillip Kumar Mishra, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

11.01.2022 1.

1.

This matter is taken up through video conferencing mode.

2.

The Petitioner in this writ petition prays for a direction for early disposal of Bebandobasta Case No.3281 of 2001 stated to be pending before the Tahasildar, Kakatpur-Opposite Party No.3.

3.

Learned counsel for the Petitioner submits that the Petitioner received notice in the said Bebandobasta Case in the year, 2018 (Annexure-1) and has already filed his show cause since 27th July, 2018 (Annexure-2). The matter is otherwise ready for hearing and there is no legal impediment for disposal of the same. Since no step was taken for early disposal of Bebandobasta Case No.3281 of 2001, the Petitioner also filed a representation before the Tahasildar, Kakatpur on 30th December, 2020 (Annexure-3), but to no effect. Hence, finding no other alternative, the Petitioner has filed this writ petition.

// 2 // 4.

Mr. Mishra, learned Additional Government Advocate for the State submits that he has no instruction in the matter. If Bebandobasta Case No.3281 of 2001 is still pending before the Tahasildar, Kakatpur, he may take appropriate step for early disposal of the same in accordance with law, if there is no legal impediment.

5.

Taking into consideration the submissions made by learned counsel for the parties, this Court without expressing any opinion on the merits of the case, disposes of the writ petition with a direction that on production of an authenticated copy of this order within a period two weeks hence, Tahasildar, Kakatpur-Opposite Party No.3 shall take step for early disposal of Bebandobasta Case No.3281 of 2001 as expeditiously as possible preferably within a period of four months therefrom, giving opportunity of hearing to the parties concerned, if there is no legal impediment.

6.

As 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. (K.R. Mohapatra) Judge jm