Pranabandhu Rout v. State Of Odihsa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.40376 OF 2021 Pranabandhu Rout ....

Petitioner Mr.A.Das, Adv.

-versusState of Odisha & Ors.

....

Opposite Parties Mr.U.K.Sahoo, ASC

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

11.1.2022 01.

1.

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

Heard learned counsel for the Parties.

3.

There is no dispute that there is a clear statutory provision of Appeal involving the order at Pages-13 & 14 of the Brief. It is keeping this in view, this Court finds, the Writ Petition is a bona fide moving to this Court under wrong impression. Accordingly, this Court in disposal of the Writ Petition as not entertainable at this stage permits the Petitioner to prefer an Appeal involving the impugned order herein at least within a period of two weeks along with applications for condonation of delay and interim protection. In such event, the Appellate Authority shall do well in condoning the delay in filing the Appeal for his wasting of time and moving the Writ Court and deciding the Appeal on merit. In the meantime, there shall be status quo in respect of the disputed property to be maintained by both the parties for a period of four weeks, within

// 2 // which time the Interim Application at the instance of the Petitioner shall also be disposed of.

4.

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