High CourtsDivision Bench(2022) 11 OHC CK 0156

Sanat Kumar Samantray vs State Of Odisha And Others

Orissa High Court · Decided on 18 November 2022

HON’BLE JUDGES
Arindam Sinha, J · Gourishankar Satapathy, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 13147 Of 2022

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Judgment

5 paragraphs · 188 words
1.

Mr. Satpathy, learned advocate appears on behalf of petitioner and submits, impugned is order dated 25th November, 1982 made by the Additional District Magistrate. It is an ex-parte order. He points out, the case was against one Sanat Kumar Mishra, while his client is Sanat Kumar Samantray. Hence, his client was not represented at the hearing.

2.

Mr. Nanada, learned advocate, Additional Government Advocate appears on behalf of State and produces petitioner’s application from the record. The application says, inter alia, petitioner is of a single family having eight members and owned about three acres of land. Mr. Nanda refers to rule 2(dd) for meaning of homesteadless person. He submits, there are three clauses to be read together and one of them is applicant’s/family must own less than one standard acre of agricultural land.

3.

Copy of petitioner’s original application has been made in Court and handed over to Mr. Satpathy. We require satisfaction that petitioner has a case to be heard before we proceed to adjudicate whether, impugned order passed ex-parte is required to be set aside as such.

4.

List on 29th November, 2022.

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