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2025 DAILYLAW 72159 (ORI)

JAYASINGH SETH v. STATE OF ODISHA

WP(C)/27961/2025 · 2025-09-26

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.27961 of 2025 Jayasingh Seth …. Petitioner(s) Mr. Jyotirmaya Sahoo, Adv. -versus- State of Odisha & Ors. …. Opposite Party(s) Mr. Sonak Mishra, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 26.09.2025 01. 1. This matter is taken up through hybrid arrangement. 2. This matter was not in today’s list. On being mentioned, this matter is taken up through Special Notice. 3. In filing this Writ Petition, the Petitioner alleged to be an encroacher has sought for a direction from this Court to the Tahasildar, Barpali for not evicting him or demolishing his structure standing over the disputed property in question pursuant to the notice to show cause vide Annexure-3 (series). 3. Heard learned counsel for the Parties. 4. Learned counsel for the Petitioner, at the outset, submits that despite filing of reply to the notice to show cause by the Petitioner, no decision has been taken on the said reply of the Petitioner till today. He further contends that without taking any decision on the said reply of the Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 30-Sep-2025 14:50:39 Signature Not Verified Petitioner the authority concerned is attempting to evict the Petitioner from the disputed property in question. 5. Considering the above submission made on behalf of the Petitioner, this Court directs the Tahasildar, Barpali to look into the reply of the Petitioner stated to have already been filed in the meantime and pass a lawful order on the said reply of the Petitioner within a period of one month from the date of presentation of an authenticated copy of this order. 6. It is further directed that till a decision on the reply of the Petitioner is taken, no coercive action shall be taken against the Petitioner pursuant to the notice of eviction, if any, so also the dispute involved in this matter and also the notice to show cause vide Annexure-3 (series). 7. This Writ Petition is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant