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2025 DAILYLAW 16809 (ORI)

NILAKANTHA MOHAPATRA v. STATE OF ODISHA

WP(C)/4701/2025 · 2025-02-14

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 4701 of 2025 Nilakantha Mohapatra ..…... Petitioner(s) Mr. Manoj Panigrahi, Adv. -Versus- State of Odisha & Ors. ………. Opposite Parties Mr. Sonak Mishra, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 14.02.2025 Order No. 01. 1. This matter is taken up through a hybrid arrangement. 2. Heard learned counsel for the Parties. 3. In this Writ Petition, the Petitioner has challenged the order dated 01.02.2025 passed by the Sub-Collector, Khorda in Encroachment Appeal No.34 of 2024. 4. During the course of hearing, learned counsel for the State submits that the Petitioner has option to file revision against the impugned order. Hence, the Petitioner should approach the Revisional Authority/The Collector, Khordha. 5. Considering the facts and submissions made by the learned counsel for the Petitioner, this Court is of the view that the Petitioner has option to file the revision application under Section 12(2) of the OPLE Act,1972 before the Collector, Khordha. However, the Petitioner instead of filing of the Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 14-Feb-2025 16:31:42 Signature Not Verified 2 Revision Petition has directly approached this Court. Hence, this Court is not inclined to interfere with the order passed by the Appellate Authority. However, this Court deems it appropriate to grant liberty to the Petitioner to approach the Revisional Authority i.e. the Collector, Khordha along with all the required documents. 6. It is made clear that the Petitioner shall approach the Collector within a period of fifteen days from today and the Collector shall take up the issue as soon as the revision is filed. Until the matter is taken up by the Collector, no coercive action shall be taken against the Petitioner pursuant to the notice dated 26.09.2024/Annexure-5 issued by the Tahasildar, Begunia. 7. Accordingly, the Writ Petition is disposed of. ( Dr. S.K. Panigrahi) Judge Murmu Designation: Personal Assistant