Ranka Sethi v. Collector,Ganjam

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.551 of 2016 Ranka Sethi ....

Appellant Mr. S.S. Mohanty, Advocate -versusThe Collector, Ganjam and others ....

Respondents Mr. Debakanta Mohanty Additional Government Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH

ORDER

17.10.2022 Order No.

04.

1. On 22nd March 2017, the following order was passed by this Court:

"The submission of learned counsel for the appellant is that Plot No.1237 of mouza- Kandhigaon Khata No.216 belongs to the appellant and is so recorded in the Records of Rights. In support of his submission, the appellant relies on the documents filed in Annexure-2 series to the writ appeal. It is submitted that for construction of Anganwadi centre, the respondents are encroaching the plot of the appellant whereas the same is to be constructed in the neighbouring Plot No.1244. Learned Additional Government Advocate prays for time to obtain instructions or file counter affidavit. On his request, list it after three weeks.

Till the next date of listing, the respondents shall restrain from raising construction on Plot No.1237, which is recorded in the name of the appellant.

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

2. In the last five years, no counter affidavit has been filed by the State. Neverthless, written instructions received by Mr. Debakanta Mohanty, learned Additional Government Advocate from the Tahasildar, Khalikote that the construction of the Anganwadi centre is taking place only on Plot No.1244 and not on Plot No.1237.

3. In that view of the matter, no further directions are required to be issued. The present writ appeal is disposed of. (Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge S. Behera