Kailash Majhi vs State Of Odisha And Others

K.R.Mohapatra, J

This matter is taken up through hybrid mode.

The Petitioner in this writ petition seeks for a direction to accept the appeal memo filed against the order of eviction dated 26th May, 2020 passed by the Estate Officer-cum-Tahasildar, Chitrakonda in OPP Case No.49 of 2020.

Mr. Jena, learned counsel for the Petitioner submits that assailing the order of eviction dated 26th May, 2020 passed by the Estate Officer-cum-Tahasildar, Chitrakonda in OPP Case No.49 of 2020, the Petitioner inadvertently filed FAO No.2 of 2020 before learned District Judge, Malkanagiri instead of filing an appeal under Section 9 Orissa Public Premises (Eviction of Unauthorized Occupants) Act, 1972 (for short 'the Act'). The said appeal was dismissed vide order dated 22nd July, 2021 as not maintainable.

In course of hearing, Mr. Jena, learned counsel for the Petitioner submits that the Petitioner is ready and willing to file appeal before the Appellate Authority under the Act and a direction may be made to accept the memo of appeal and proceed with the matter in accordance with law. It is also contended that delay in filing the appeal should be construed liberally taking into consideration the pendency of FAO No.2 of 2020 before learned District Judge, Malkanagiri.

In view of the submission made by Mr. Jena, learned counsel for the Petitioner, this writ petition is disposed of with a direction that in the event the Petitioner files appeal against the order of eviction dated 26th May, 2020 passed by the Estate Officer-cum-Tahasildar, Chitrakonda in OPP Case No.49 of 2020 under Section 9 of the Act before the Appellate Authority within a period of one week along with certified copy of this order, the Appellate Authority shall do well to accept the same and consider the delay in filing of appeal liberally taking into consideration the pendency of FAO No.2 of 2020 before a wrong forum, i.e. learned District Judge, Malkangiri.

In order to enable the Petitioner to file appeal and move application for condonation of delay and for interim order, the order of eviction dated 26th May, 2020 passed by the Estate Officer-cum-Tahasildar, Chitrakonda in OPP Case No.49 of 2020 shall be kept in abeyance for a period of six weeks, if the Petitioner has not been evicted in the meantime.

Urgent certified copy of this order be granted on proper application.

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