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2025 DAILYLAW 9237 (ORI)

TULASIRAM SAHU v. STATE OF ODISHA

WP(C)/1356/2025 · 2025-01-16

B P Routray

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.1356 of 2025 Tulasiram Sahu …. Petitioner Mr. Lalit Sahu, Advocate -versus- State of Odisha, represented through its Secretary, Revenue and Disaster Management Department and Others …. Opposite Party Mr. D. Mohanty, Additional Government Advocate CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 16.1.2025 Order No. 01. 1. The matter is taken up through hybrid mode. 2. Heard Mr. L. Sahu, learned counsel for the Petitioner and Mr. D. Mohanty, learned AGA for State – Opposite Parties. 3. It is s submitted on behalf of the Petitioner that, the eviction notice under “Kha” form has been issued to the Petitioner without considering his objection filed in Encroachment Case No.4-603 of 2021. 4. Accordingly, the writ petition is disposed of at the stage of admission without expressing any opinion on the merits of the contentions of the Petitioner, with a direction to the Tahasildar, Kalahandi (Opposite Party No.4) to consider the objection of the Petitioner and grant him an opportunity of hearing and take a decision, in accordance with law, in Encroachment Case No.4-603 of 2021, within a period of three months from the date of receipt of certified copy of this order along with copy of the writ petition. Till such decision is taken by the Tahasildar, the Petitioner may not be evicted from the case land. Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 16-Jan-2025 16:48:13 Signature Not Verified 5. An urgent certified copy of this order shall be issued on proper application. (B.P. Routray) Judge M.K. Panda