Snehalata Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.6382 of 2022 Snehalata Barik ....

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

....

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

CORAM:

JUSTICE BISWANATH RATH

ORDER

29.03.2022 1.

1.

Heard learned counsel appearing for the parties. Order No.

2.

This writ petition involves the following prayer: "It is therefore, prayed that this Hon'ble Court may graciously be pleased to admit the writ application, issue rule NISI in the nature of writ of mandamus or any other writ/writs as deem fit and proper calling upon the Opp. Parties No.2 and 3 to take a final decision pursuant to the show cause notices issued vide annexure-4, 6 and 7 and why they shall not be directed to remove the unauthorized construction made by the Opp. Party No.4 over plot No.1039 under Khata No.201/27, ward No.10 Udala Town. In the event of the Opp. Parties fail to show-cause or show insufficient cause said rule be made absolute. And further be pleased to pass any order/orders direction/directions as deem fit and proper.

And for this act of kindness the petitioner shall as in duty bound ever pray."

3.

There is serious complain involving opposite party no.4 as appearing at Annexures-2 and 3 pending before the Special Town Planning Authority, Udala, Baripada as well as Chairman, Udala N.A.C. From the further document at Annexure-4 onwards, this Court finds considering the grievance of the petitioner there is already initiation of appropriate proceeding since 2019 even with issuing of show cause notice to the opposite party no.4. Petitioner produced the

// 2 // order-sheets of such proceeding. This Court finds there is only simple adjournment and there is no final outcome on such application over two years.

4.

Considering loss of considerable time involving such petitioner's issue and taking serious note on such lapse, this Court in disposal of the writ petition directs the opposite party no.3 to conclude the proceeding so initiated, if not completed in the meantime, at least within a period of three months from the date of communication of certified copy of this order but, however involving all parties.

(Biswanath Rath) Judge Sks