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2033 DAILYLAW 5 (ORI)

MADAN MOHAN JENA v. STATE OF ODISHA

WA/2033/2025 · 2026-02-19

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2033

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.2033 of 2025 Madan Mohan Jena …. Appellant Mr. S. Sourav, Advocate -Versus- State of Odisha and others …. Respondents Mr. U.C. Behura, AGA CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH Order No. 01. ORDER 19.02.2026 This Intra-Court appeal seeks to lay challenge to a learned Single Judge’s order dated 11.12.2025, whereby Appellant’s W.P.(C) No.23414 of 2025 has been negatived. In the said writ petition, he had called in question the order dated 30.11.2024 made by the Estate Officer, Bhubaneswar in OPP Case No.01 of 2024 (Qr.) and also the order dated 23.07.2025 passed by the Director of Estates in OPP Appeal Case No.64 of 2024 (Q). 2. Learned counsel for the Appellant having argued the matter vociferously now submits that if a reasonable period is granted for vacating the premises in question, his client would not press the appeal. This submission, he makes on the instruction of Appellant. 3. Learned AGA, on request, appearing for the Respondent- State and its Officials having opposed the appeal now agrees with the proposal of Appellant to the above effect. However, he insists that by way of caution the Appellant should file an affidavit to the effect that within the time to be granted by this Court he shall quit the premises peaceably and failing which Respondents should be permitted to remove him with the assistance of Police, physically. With this proposal, learned counsel for Appellant is agreeable. In the above circumstances, Writ Appeal accordingly is disposed off as having been withdrawn granting a period of three (3) months for peaceably vacating the premises without seeking any further extension. Petitioner shall file affidavit in terms of paragraph 3, within two weeks. We make it clear that the observation made in this order shall not be construed to the effect that Appellant is in the occupation of the subject land. Web copy of order to be acted upon by all concerned. (Krishna Shripad Dixit) Judge ( Chittaranjan Dash ) Judge Anisha Designation: Jr. Stenographer