Bira Tandia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 35861 of 2022 Bira Tandia .....

Petitioner Mr. S. Swain, Advocate Vs.

State of Odisha and others .....

Opposite Parties Mr. A.K. Mishra, AGA

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

23.12.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

Heard Mr. S. Swain, learned counsel for the petitioner and Mr. A.K. Mishra, learned Additional Government Advocate for the State.

3.

The petitioner has filed this writ petition seeking to quash the order dated 15.12.2022 passed by opposite party no.2 under Annexure-1, in Encroachment Revision Case No. 02 of 2022. 4.

Mr. Swain, learned counsel for the petitioner vehemently contended that the petitioner has availed the remedy available under the statute by preferring a revision before the Revisional Authority, which is pending consideration. The petitioner had also filed an application for grant of interim protection. However, the Revisional Authority did not extend any interim order to the petitioner. According to learned counsel for the petitioner non grant of interim protection will ultimately render the Encroachment Revision Case infructuous.

5.

Mr. A.K. Mishra, learned Additional Government Advocate contended that the order dated 15.12.2022 reveals that the Encroachment Revision Case has been posted to today

(23.12.2022) for hearing. Therefore, this Court may direct for disposal of the said case within a stipulated period. 6.

Having heard learned counsel for the parties and after going through the record, this Court directs the Revisional Authority to conclude the Encroachment Revision Case No. 02 of 2022 within a period of one month from today and till such period, status quo with regard to possession over the land in question shall be maintained by the parties.

7.

With the above observation/direction, the writ petition stands disposed of.

8.

Issue urgent certified copy as per rules.

Arun (DR. B.R. SARANGI) JUDGE