Radhamani Lenka vs State Of Odisha And Others
2021 Latest Caselaw 9738 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) NO. 28318 of 2021

                 Radhamani Lenka                            ....       Petitioner
                                                      Mr.Sanatan Das, Advocate

                                           -versus-

                 State of Odisha and others                  ....   Opp. Parties
                                                      Mr. Debakanta Mohanty,
                                              Additional Government Advocate

                       CORAM:
                       JUSTICE K.R. MOHAPATRA

                                       ORDER

Order No. 15.09.2021

W.P.(C) NOs. 28318, 28319, 28320 and 28322 of 2021

1. 1. This matter is taken up through hybrid mode.

2. Consent Memo filed by Mr.Sanatan Das, learned counsel being authorized by Mr.Alok Kumar Panda, learned counsel for the Petitioner is taken on record.

3. This writ petition has been filed assailing the judgment and order dated 11th August, 2021 (Annexure-7) passed by Collector and District Magistrate, Cuttack in OSS Revision Case No.17 of 2021 initiated under Section 42-A of the Odisha Survey and Settlement Act, 1958.

4. Mr.Mohanty, learned AGA prays for four weeks time to file detailed counter affidavit for proper adjudication of the case.

5. Put up this matter on 8th November, 2021 along with connected matters under the heading 'Fresh Admission'. Counter affidavit, if any shall be filed in the meantime

// 2 //

positively serving copy thereof on learned counsel for the Petitioner.

6. Certified copy of the impugned order shall be filed by the next date.

(K.R. Mohapatra) Judge

2. I.A. No.13078 of 2021

1. This application has been filed for a direction to the Opposite Parties not to take coercive action against the Petitioner in respect of the land in question during pendency of the writ petition.

2. Since the land in question is required for developmental work, i.e., for construction of road on the embankments of Taladanda Canal, I am not inclined to grant any order which would affect the developmental work. However, it is directed that any action taken/order passed pursuant to the impugned order under Annexure-7 shall be subject to result of the writ petition.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge

s.s.satapathy