Supreme Court - Daily Orders
Sujata Pati vs The State Of Odisha on 16 October, 2023
Bench: Hrishikesh Roy, Sanjay Karol
ITEM NO.2 COURT NO.9 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 12615/2023
(Arising out of impugned judgment and order dated 05-07-2023 in IA
No. 1010/2023 in ABLAPL No. 14625/2022 passed by the High Court of
Orissa at Cuttack)
SUJATA PATI Petitioner(s)
VERSUS
THE STATE OF ODISHA Respondent(s)
(Mr. Anirudh Sanganeria, Advocate has file V/A on behalf of Mr.
Amrut Lal Dash-Complainant)
Date : 16-10-2023 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY
HON'BLE MR. JUSTICE SANJAY KAROL
For Petitioner(s) Mr. Harsh Kaushik, AOR
Ms. Adrija Mishra, Adv.
For Respondent(s) Mr. Avijit Pattnaik, Adv.
Ms. Shuvra Mohapatra, Adv.
Mr. Anirudh Sanganeria, AOR
UPON hearing the counsel the Court made the following
O R D E R
When this case was last taken up on 25.09.2023, the following order was passed:
“Delay condoned.
2. Heard Mr. Harsh Kaushik, learned counsel appearing for the petitioner. Also heard Mr. Abhijit Patnaik, the learned counsel who made submission on behalf of the informant of the FIR No.255 of 2022.
Signature Not Verified
3. The petitioner’s counsel submits that in the premises Digitally signed by NITIN TALREJA Date: 2023.10.16 in question a school is operating providing education upto 17:23:36 IST Reason:
8th standard and the petitioner has already taken steps to vacate the present premises and re-locate to another 1 building, which is currently under construction. It is then submitted that initially also the petitioner taking note of the timeline for construction, had made a request for extending the time to vacate the premises until January 2024. But since limited time was granted, the time schedule could not be adhered by the petitioner. It is however the say of the petitioner that she herself is interested to vacate and more out the school from the present location.
4. The learned counsel for the caveator in turn submits that petitioner failed to adhered to the timeline and for this reason her bail has been cancelled and she is currently in custody.
5. Considering the circumstances, only on the limited prayer of granting some time for handing over peaceful vacant possession of the premises, issue notice.
6. The petitioner is permitted to serve Dasti notice additionally, to the Standing Counsel for the State of Odisha.
7. The petitioner would file appropriate affidavit within 10 days, to confirm the time line for vacating the premises.
8. List on 16th October 2023.”
2. Since then, an affidavit in compliance is filed by the petitioner on 07.10.2023 where the following undertaking is given:
“ xx xx xx
2. I state that as per the submissions made before this Hon’ble Court during the course of hearing on 25.09.2023, I undertake to vacate the School from the Premises by 31.01.2024 and accordingly shall hand over the vacant and peaceful possession of the Premises to the Informant.
xx xx xx”
3. Mr. Avijit Pattnaik, learned counsel appearing on behalf of 2 the Caveator (landlord) submits that the petitioner was granted bail on 11.10.2023 subject to vacating the concerned premises within the time that may be permitted by this Court.
4. Having regard to the aforesaid and taking note of the aforequoted paragraph 2 whereby the petitioner undertakes to vacate the School from the premises in question by 31.01.2024, we dispose of this Special Leave Petition by granting time until 31.01.2024 to the petitioner to handover peaceful vacant possession of the premises to the landlord.
5. With the above, the Special Leave Petition stands disposed of.
6. Pending application(s), if any, shall stand closed.
(NITIN TALREJA) (KAMLESH RAWAT)
COURT MASTER (SH) ASSISTANT REGISTRAR
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