Akshaya Kumar Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 10720 OF 2022 Akshaya Kumar Jena and others ....

Petitioners Mr. A. Acharya, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Dillip Kumar Mishra, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

04.05.2022

1. 1.

This matter is taken up through hybrid mode.

2.

The Petitioners have filed this writ petition with the following prayer:

"It is therefore humbly prayed that this Hon'ble Court may graciously be pleased to admit this Writ Petition, call for the records, issue Rule NISI thereby calling upon the Opp. Parties particularly O.P. Nos.1 to 5 to show cause as to why action of the Opp. Parties in not taking any steps on the representation of the petitioners under Annexure-4 (Series) and respectively shall not be declared as illegal and appropriate direction shall not be issued to take necessary steps to initiate appropriate proceeding to recover the government land and convert it to its original status of Ac.1.11 dec. land out of Mutation Khata No.205, Plot no.1545 and Mutation Khata No.675, Plot No.1550 Ac.0.350 which arises out of Hal Khata No.593, Plot No.2326 Ac.1.11 dec. corresponds to Sabik Khata No.803, Plot No.1920/16 of Mouza Alabola in the district of Jagatsinghpur undner Annexures-3, 2 & 1 respectively.

If the Opp. Parties do no show cause or show insufficient case make the Rule absolute.

And, further be pleased to restrain the Opp.

Party Nos.6 to 10 from interfering with the villager's

// 2 // usage of the said land in question for communal purposes and also commuting across the village. And, pass any other writ/writs, order/orders, direction/directions as this Hon'ble Court may deem fit and proper.

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

3.

In course of hearing, Mr. Acharya, learned counsel for the Petitioners submits that the Petitioners have a remedy under Section 7 of the Orissa Government Land Settlement Act, 1962 and prays for withdrawal of the writ petition. 4.

Accordingly, this writ petition is disposed of as withdrawn. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks Judge