Harihar Baral vs State Of Odisha And Others
2023 Latest Caselaw 6049 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No. 12682 of 2023
                                (Through hybrid mode)


            Harihar Baral                             ....           Petitioner

                                                    Mr. Bikash Jena, Advocate

                                         -versus-

            State of Odisha and others                ....     Opposite Parties

                                                      Mr. A.K. Sharma, AGA
                                                     Ms. P. Naidu, Advocate
                                                     Mr. A.P. Ray, Advocate

                      CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SANJAY KUMAR MISHRA
                                        ORDER

15.05.2023 W.P.(C) no.12682 of 2023 and I.A. no.6293 of 2023 Order No.

2. 1. Mr. Ray, learned advocate appears on behalf of applicant and

submits, his client was opposite party no.5 in the writ petition,

disposed of by order dated 21st April, 2023. He submits, petitioner

being judgment debtor and liable to be evicted, taking advantage of

said order is obtaining time from the Commissioner to carry on in

possession. He submits further, said order was obtained by

suppressing order dated 19th April, 2023 made by the learned single

// 2 //

Judge in W.P.(C) no.9733 of 2023 (Harihar Baral v. State of

Odisha and others).

2. Mr. Sharma, learned advocate, Additional Government

Advocate appears on behalf of State. Ms. Naidu, learned advocate

appears on behalf of the Commissioner and submits, copy of the

application has not been served. Mr. Jena, learned advocate appears on

behalf of writ petitioner and submits, time granted by said order dated

21st April, 2023 for his client to take steps in accordance with law, has

expired. Within that time his client had filed suit. Interim application

for stay of the judgment/eviction has been heard and order is awaited.

3. List on 18th May, 2023 under same heading. Cause papers in

the suit be served to Mr. Ray during course of the day.

Correspondingly, applicant will serve copy of the application on Mr.

Sharma and Ms. Naidu.

(Arindam Sinha) Judge

(S.K. Mishra) Judge Sks

SISIR Digitally signed by SISIR KUMAR KUMAR SETHI Date: 2023.05.15 SETHI 19:06:31 +05'30'