Orissa High Court
Dinabandhu Sahoo vs State Of Odisha & Others .... Opp. ... on 19 September, 2024
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 22659 of 2024
Dinabandhu Sahoo .... Petitioner
Mr. Bidesh Ranjan Behera, Advocate
-versus-
State of Odisha & Others .... Opp. Parties
Mr. Arupananda Das,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 19.09.2024 01. 1. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
2. Heard Mr. Bidesh Ranjan Behera, learned counsel appearing for the Petitioner and Mr. Arupananda Das, learned Addl. Govt. Advocate.
3. The Petitioner has filed this Writ Petition praying as follows:-
"(I) To hold that the notice dated 12.08.2024 in Annexure-6 issued by the Opp. Party No.3 along with the proceeding under Section 3-B of the OGLS Act, 1962 in W.L. Case No.2872/1974 is without authority of law and without jurisdiction; (II) Quashing the notice dated 12.08.2024 in Annexure-6 issued by the Opp. Party No.3 along with the proceeding under Section 3-B of the OGLS Act, 1962 in W.L. Case No.2872/1974".
4. The first proviso to Section 3-B of the OGLS Act, 1962 states that no order shall be passed regarding resumption of land and imposition of penalty without giving reasonable opportunity of hearing to the person concerned with whom the land was settled. It appears that in pursuance to such proviso, impugned notice has been issued to the Petitioner. Admittedly, the Petitioner has not submitted his reply before the Authority. In the meantime, time stipulated in the notice has already expired.
5. After hearing the learned counsel for the parties, the Writ Petition is disposed of giving liberty to the Petitioner to file objection before the Additional Tahasildar, Bhubaneswar i.e. Opposite Party No.3 within a period of two weeks from today along with the copy of this order as well as the copy of the Writ Petition. The same shall be considered by the Additional Tahasildar, Bhubaneswar in Page 2 of 3 accordance with law giving opportunity of personal hearing to the Petitioner.
It is made clear that this Court has not expressed any opinion on the merits of the case. The decision shall be taken within a period of three months from the date of production of the copy of the order along with the objection and the same shall be communicated to the Petitioner within a period of two weeks from taking of the decision.
(S. K. Sahoo) Judge (Chittaranjan Dash) Judge A.K. Pradhan/ Bijay Signature Not Verified Page 3 of 3 Digitally Signed Signed by: BIJAY KETAN SAHOO Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 20-Sep-2024 15:37:31