Rukmini Agrawal v. Tahasildar, Bamra

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.40082 OF 2021 Rukmini Agrawal ....

Petitioner Mr.M.Agarwal, Adv.

-versusTahasildar, Bamra ....

Opposite Party Mr.U.K.Sahoo, ASC

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

11.1.2022 02.

1.

This matter is taken up through video conference mode. 2.

Heard learned counsel for the Parties.

3.

Taking into account the objection of the Petitioner and keeping in view the previous direction of this Court, Mr.U.K.Sahoo, learned Additional Standing Counsel for the O.P. on instruction submits that the Competent Authority is taking action on the Encroachment Case No.250/2021 and accordingly posted the case for hearing to 20.1.2022.

4.

In the circumstance, this Court finds, the Petitioner has scope for arguing the matter before the Competent Authority on his appearance on 20.1.2022. For the opinion of this Court, during pendency of Encroachment Case No.250/2021, there should not be any enforcement of the order at Annexure-6 and continuance of the Petitioner, however, shall be dependent on the ultimate outcome in the final decision in Encroachment Case No.250/2021. In the

// 2 // meantime, enquiry, if any, continued, copy of the same may be forwarded to the Petitioner.

5.

With the above order, the Writ Petition stands disposed of. 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.

(Biswanath Rath) Judge M.K.Rout