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2025 DAILYLAW 19975 (ORI)

ANUP KUMAR DAS v. STATE OF ODISHA

WP(C)/6250/2025 · 2025-03-04

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.6250 of 2025 Anup Kumar Das …. Petitioner(s) Mr. Niranjan Lenka, Adv. -versus- State of Odisha & Ors. …. Opposite Party(s) Mr. Sonak Mishra, ASC CORAM: HON’BLE DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 04.03.2025 01. 1. This matter is taken up through hybrid arrangement. 2. In filing this Writ Petition, the Petitioner has challenged the notice of eviction bearing No.7048 dated 16.12.2024 issued by the Executive Officer, Baripada Municipality/ Opposite Party No.3. Apart from the above, the Petitioner has also sought for a direction from this Court to the Opposite Parties for not demolishing the structure standing over the disputed property in question. 3. Heard learned counsel for the Parties. 4. Learned counsel for the Petitioner, at the outset, submits that the case of the present Petitioner is covered by the decision of this Court vide judgment dated 29.10.2024 passed in W.P.(C) No.16110 of 2024 and batch of Writ Petitions. He, accordingly, submits that since the Petitioner stands on Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 04-Mar-2025 17:38:39 Signature Not Verified similar footing, his case may be disposed of in terms of the judgment dated 29.10.2024. 5. Considering the submission made on behalf of the Petitioner, looking to the prayer made in this Writ Petition and also keeping in view the judgment dated 29.10.2024 passed in W.P.(C) No.16110 of 2024, this Court is of the view that the factual dispute involved herein cannot be adjudicated by this Court. Accordingly, this Court remits the matter back to the Executive Officer, Baripada Municipality for reconsidering the case of the Petitioner and passing a lawful order afresh taking into account the reply to be submitted by the Petitioner. 6. The Petitioner is directed to appear before the Executive Officer, Baripada Municipality along with all the supported documents so also an authenticated copy of this order within ten working days hence. 7. It is further directed that till a fresh order is passed by the Executive Officer, Baripada Municipality taking into account the reply of the Petitioner, no coercive action shall be taken against the Petitioner pursuant to the notice of eviction bearing No.7048 dated 16.12.2024. 8. This Writ Petition is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant