Sudhir Kumar Lenka vs State Of Odisha And Others .... Opp. ...
2023 Latest Caselaw 15970 Ori

Orissa High Court

Sudhir Kumar Lenka vs State Of Odisha And Others .... Opp. ... on 12 December, 2023

Author: K.R. Mohapatra

Bench: K.R. Mohapatra

Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 13-Dec-2023 13:47:57



                                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      W.P.(C) NO. 40232 OF 2023

                                  Sudhir Kumar Lenka                             ....         Petitioner
                                                             Mr. Samir Kumar Mishra, Senior Advocate
                                                      being assisted by Mr. Jagajiban Pradhan, Advocate
                                                               -versus-
                                  State of Odisha and others                     ....     Opp. Parties
                                                                             Mr. Amiya Kumar Mishra,
                                                                      Additional Government Advocate

                                           CORAM:
                                           JUSTICE K.R. MOHAPATRA
                                                           ORDER

            Order No.                                     12.12.2023
                1.           1.          This matter is taken up through hybrid mode.

2. A Memo along with copies of judgment and Decree dated 2nd April, 2004 and 12th April, 2004 respectively passed in RFA (Title Appeal) No.5 of 2003 and judgment and decree dated 23rd December, 2002 and 6th January, 2003 respectively passed in TS No.376 of 1989 filed in Court are taken on record.

3. It is submitted by Mr. Mishra, learned Senior Advocate for the Petitioner that in the garb of implementing the order passed in W.P.(C) No.11571 of 2023, the Opposite Parties are trying to evict the Petitioner from the premises of Nilachala Saraswat Sangha branch at Puri.

4. Mr. Mishra, learned AGA submits that the impugned letters under Annexures-3 and 4, i.e., letter dated 4th May, 2023 issued by the Home (Special Section) Department and letter No.10219 dated 29th November, 2023 from the office of Sub- Collector, Puri respectively do not suggest that the

Signed by: SASANKA SEKHAR SATAPATHY

Location: HIGH COURT OF ORISSA CUTTACK Date: 13-Dec-2023 13:47:57

Petitioner will be evicted from the premises of said Sangha at Puri. It is also not known as to whether the Petitioner is at present staying in the premises of the Sangha at Puri. He, however, submits that he will take instruction in the matter.

5. In view the above, if the Petitioner is still residing in the premises of Nilachala Saraswat Sangha branch at Puri, he shall not be evicted till the next date.

6. Put up this matter on 4th January, 2024 on which date, learned State Counsel shall apprise the Court about the state of affairs.

7. As requested, a copy of this order shall be made over to Mr. Mishra, learned AGA for communication and compliance.

Issue urgent certified copy of this order on proper application.

(K.R. Mohapatra) Judge

s.s.satpathy