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Orissa High CourtWP(C)/40797/2021disposed off

Narhari Nayak v. State Of Odisha

2022-01-12Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C).No.40797 of 2021 Narahari Nayak ....

Petitioner Mr.M.K.Mohanty, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Mr.S.P.Panda, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

12.01.2022 3.

1.

This matter is taken up through Video Conferencing Mode. Order No.

2.

Heard learned counsel appearing for the parties. 3.

Mr.Mohanty, learned counsel appearing for the petitioner submits that the dispute involves a logical end to the claim of the petitioner vide Annexure-5 in exercise of power under the provision of the O.P.L.E. Act. On perusal of Annexure-5 at page 19 of the brief, this Court finds basing on the submission of request of the petitioner, the application has already been forwarded to the concerned Revenue Inspector for inquiry and report.

4.

In the circumstance, this Court finds the writ petition is not entertainable but, however, disposes the same simply directing the Tahasildar, Rajnagar-opposite party no.3 basing on the report, if any, on such application, if required, to initiate proceeding under the O.P.LE. Act involving the party likely to be affected and take decision, as appropriate, by completing the entire exercise within a period of four months from the date of communication of authenticated copy of this order by the petitioner.

5.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout copy of

// 2 // 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 Sks