JharanaTeji Vs State Of Odisha And Others

R.K. Pattanaik, J

The matter is taken up for hearing on a Special Notice.

Heard Mr. Bose, learned counsel for the petitioner and Mr. Behera, learned ASC for the State.

Instant writ petition is filed by the petitioner challenging the impugned notice under Annexure-1 issued by opposite party No.4 opposing the impugned action in respect of the schedule land on the grounds stated therein.

Referring to a copy of the Court’s order as at Annexure-5 and Annexure-6, it is submitted by Mr. Bose, learned counsel for the petitioner that the matter has been remanded for a fresh decision by opposite party No.4, who, however, instead of complying the same, has issued the impugned notice under Annexure-1, hence, the writ petition.

Considered submission of Mr. Behera, learned ASC for the State.

Gone through Annexures-5 and 6 and it is made to reveal that the petitioner had approached this Court in connection with Encroachment Revision Case No.11 of 2022, wherein, a direction was issued for disposal of the same within a stipulated period which was duly complied with an order under Annexure-6 and direction to opposite party No.4 to consider the case afresh. Since such a remand was directed vide Annexure-6, the Court does not find any reason as to why impugned notice under Annexure-1 was issued by opposite party No.4. In other words, the Court is of the view that opposite party No.4 ought not to have issued the impugned notice under Annexure-1 without considering disposal of the remand case pursuant to Annexure-6, hence, therefore, necessary direction is required to be issued in that regard.

Accordingly, it is ordered.

In the result, the writ petition stands disposed with a direction to opposite party No.4 to comply the order under Annexrure-6 and ensure disposal of Encroach Case No.115 of 2022 as soon as possible providing an opportunity of personal hearing to the petitioner and till such time, not to take any coercive action against him with respect of the schedule land. As a necessary corollary, the impugned notice under Annexure-1 is hereby set aside. It is further directed that future course of action shall be decided by opposite party No.4 subject to the final decision in Encroachment Case No.115 of 2022.

Urgent copy of this order be issued as per rules and in course of the day.

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