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Orissa High CourtWP(C)/4672/2022disposed off

Niranjan Behera v. State Of Odisha

2022-02-24Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.4672 of 2022 Niranjan Behera & Ors.

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Petitioner(s) Mr. B.N. Bhuyan, Advocate -versusState of Odisha & Ors.

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Opposite Party(s) Mr. U.K. Sahoo, ASC

CORAM:

JUSTICE BISWANATH RATH

ORDER

24.02.2022 01.

1.

Mr. Bhuyan, learned counsel for Petitioners alleged that there Order No.

is illegal encroachment and utilization of the Petitioners' own land which the Petitioners claimed to have obtained in a judgment & decree in Title Suit No.109 of 1989. It appears, on the selfsame issue the Petitioners have already raised their grievances before the Chief General Manager (Land), IDCO-O.P.4 vide Annexure-7 (series). In such view of the matter, this Court finds, the writ Petition is not entertainable at this stage. However, considering the submission made by Mr. Bhuyan, learned counsel for Petitioners, this Court without expressing any opinion on the claim of the Petitioners, directs the Opposite Party No.2 to look into the grievance of the Petitioners and make an inquiry involving the Petitioners and pass a lawful order, within a period of three months from the date of communication of an authenticated copy of this order alongwith a copy of the writ petition by the Petitioners.

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Further considering the allegation regarding wrong utilization of a private land by the public authority, this Court directs, if necessary, both the parties may utilize Government Amin for the above purpose.

3.

The writ petition stands disposed of with the above direction. (Biswanath Rath) Judge Ayaskanta Jena