Haresh Kumar v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.865 OF 2022 Haresh Kumar & anr.

....

Petitioners Mr.P.C.Acharya, Adv.

-versusUnion of India & ors.

....

Opposite Parties Mr.P.K.Parhi, ASG

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

20.1.2022 01.

1.

This matter is taken up through video conference mode. 2.

Heard learned counsel for the Parties.

3.

The Writ Petition involves the following prayer :- "The Petitioners therefore pray that your lordships would be graciously pleased to admit this writ petition, call for records from the opp.parties and after hearing the parties allows the same with cost and issue writ in the nature of mandamus/certiorari or/any other or/further writs/directions directing the opp.party no.4 and 5 from doing the work of House Building lifting in Orissa unauthorisedly using the patent of the petitioners without any licence which is dangerous to human life and property or may direct opp.party no.3 to take decision on the Annexcure-5 regarding for a direction to the all Collectors/Police authorities to of the State to prohibit opp.party no.4 and 5 from doing illegal work of house building lifting without any valid licence or may pass any other order as this Hon'ble Court deems fit and proper.."

The Writ Petition has been filed making an allegation against Opposite Party Nos.4 & 5 for undertaking the building shifting

// 2 // exercise in low-lying area having no appropriate licence or authority also involving an allegation on patent issue. 4.

This Court without expressing any opinion on the issue involved herein simply disposes of the Writ Petition at admission stage directing that if the Petitioners make any application to the appropriate District Collector of the State at least within ten days from today, the same shall be considered and disposed of in accordance with law but however involving Opp.Party Nos.4 & 5 and by completing the entire exercise within a period of four months from the date of filing of any such application. 5.

As 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, modified by Notice No.4798 dated 15th April, 2021 and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(Biswanath Rath) Judge M.K.Rout