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Judgment
S.Pujahari, J
1.This matter is taken up by video conferencing mode.
2. This revision is directed against the order dated 22.06.2021 passed by the learned Sub-Divisional Magistrate, Angul in CP(III) No.158 of 2019
directing the 2nd Party-Petitioner to remove the brick wall raised over the road running to the land of 1st Party-Opposite Party.
3. It is not disputed that the impugned order is revisable one and against that order both the High Court as well as the Court of Sessions can
exercise revisional jurisdiction. The petitioner, therefore, has right to choose either forum.
4. But, considering the fact that approaching the Sessions Judge is more convenient and result in expeditious disposal of such petition, this Court
directs the petitioner to approach the Court of Sessions in Criminal Revision against the impugned order within ten days hence and on filing of such
revision, if it is otherwise not defective, learned Sessions Judge concerned shall dispose of the same as expeditiously as possible, preferably within one
month of filing of such revision.
5. Delay, if any, in filing such revision be ignored in view of the order of the Apex Court in Suo Motu Writ Petition (Civil) No.3 of 2020.
6. Since this Court has not exercised the revisional jurisdiction against such order, this order, therefore, should not be construed by the Sessions
Judge as exhaustion of remedy of revision available to the petitioner already.
7. But, considering the peculiar facts and circumstances of the case, this Court directs that no demolition of the construction shall be made pursuant
to the order under Annexure-4 till 30th July, 2021 or filing of revision petition whichever is earlier.
8. So far as the contention with regard to return of the certified copy of the impugned order is concerned, the same is not possible due to the
Pandemic Covid-19 and, as such, if a true copy of the same is filed by the petitioner being attested by his counsel before the Court concerned, the
same shall be entertained in lieu of the certified copy.
9. With the aforesaid order, this CRLREV stands disposed of. Consequently, the I.A. No.366 of 2021 also stands disposed of.
10. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.
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