Muna Pani vs. State Of Odisha

Facts

The petitioner, Muna Pani, sought interim protection from the High Court of Orissa, which was granted by an order dated February 1, 2021. The present application, I.A. No. 4742 of 2021, was filed to extend this interim protection. The Court directed the petitioner to file a representation with the Executive Engineer (Opposite Party No. 3), not a tax authority, by December 1, 2021. Failure to do so would result in the vacation of the interim protection. The time for the disposal of this representation was extended to March 1, 2022.

Held

The Court granted the petitioner last opportunity to file a representation with the Executive Engineer (Opposite Party No. 3) by December 1, 2021. The Court held that if this representation is not filed by the stipulated date, the interim protection previously granted on February 1, 2021, would stand vacated. The Court also extended the time for the disposal of this representation up to March 1, 2022. The application (I.A. No. 4742 of 2021) was disposed of in terms of these directions. The core of the decision is conditional continuation of interim relief, requiring the petitioner to act by filing a representation with a non-tax authority.

Key Issues

1. Whether the interim protection granted to the petitioner should be extended, contingent upon the filing of a representation to the Executive Engineer by a specified date. This issue concerns the procedural continuation of the writ petition and the conditions for maintaining interim relief. Petitioner's Argument: The petitioner sought an extension of the interim protection, implying a need for continued relief pending further proceedings or resolution of their representation. Revenue/State's Argument: The judgment does not record any specific arguments from the Opposite Parties (State of Odisha and Another) regarding the extension of interim protection. However, the Court's order implies a condition for the extension, suggesting a need for the petitioner to take a specific procedural step.