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Orissa High CourtWP(C)/39540/2021disposed off

Samir Kumar Maharana v. State Of Odisha

2022-01-10Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.39540 of 2021 Samir Kumar Maharana & Ors.

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Petitioner(s) Mr. S.K. Mishra, Advocate -versusState of Odisha & Ors.

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Opposite Party(s) Mr. R.P. Mohapatra, Advocate

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

10.01.2022 1.

1.

This matter is taken up by video conferencing mode. 2.

It is alleged that after disposal of the Writ Petition bearing W.P.(C) Nos.17051 & 25970 of 2021, even though there is ascertainment by the Tahasildar in the matter of encroachment by the Opposite Party Nos.5 & 6, no appropriate decision is being taken to evict such unauthorized encroachers. In the process, this Court also finds, involving the same issue representation is already given by a group of persons, which appears to be pending consideration of the Collector, Khurda. In such view of the matter, this Court observes, in the event such representation vide Annexure-4 is already received by the Office of the Collector, Khurda, decision as appropriate in the matter of eviction of the Opposite Party Nos.5 & 6 from the encroached land be taken. 3.

The entire exercise shall be completed providing opportunity of hearing to all the parties concerned more particularly to the Opposite Party Nos.5 & 6, within a period of two months from the date of communication of an authenticated copy of this order alongwith a copy of the writ petition by the Petitioners.

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With the aforesaid direction the writ petition stands disposed of. 5.

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 as modified by Court's Notice No.4798, dated 15th April, 2021 and Court's Office order circulated vide memo Nos.514 & 515 dated 7th January, 2022. (Biswanath Rath) Judge Ayaskanta Jena