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2025 DAILYLAW 82301 (ORI)

JAGYANSENI ROUT v. STATE OF ODISHA

WP(C)/31573/2025 · 2025-11-07

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. 31573 of 2025 Jagyanseni Rout ..…... Petitioner(s) Mr. Prasanta Kumar Satapathy, Adv. -Versus- State of Odisha & Ors. ……. Opposite Party (s) Mr. Bibekananda Nayak, AGA CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 07.11.2025 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. In this Writ Petition, the Petitioner has challenged the action of the Opposite Party No.3/Sub-Collector, Kuchinda in not considering his interim application in pending Encroachment Appeal Case No.03 of 2025 by facilitating the Tahasildar, Jamankira to proceed the eviction process. 4. Learned counsel for the Petitioner submits that the Petitioner has preferred an appeal along with an interim application against the eviction notice issued by the Tahasildar, Jamankira before the Sub- Collector, Kuchinda. However, the Sub-Collector did not consider the said interim application. Hence, the Petitioner is constrained to Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 07-Nov-2025 18:01:46 Signature Not Verified 2 approach this Court seeking protection against the demolition drive. 5. In such view of the matter, this Writ Petition stands disposed of with a direction to the Opposite Party No.3/Sub-Collector, Kuchinda to ensure early disposal of the Encroachment Appeal Case No.03 of 2025 preferably within a period of one month from the date of receipt of a certified copy of this order. 6. It is further directed that, till a decision on the above noted appeal at the instance of the Petitioner is taken, no coercive action shall be taken against the Petitioner. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.