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Orissa High CourtWP(C)/13844/2022disposed off

Nihar Ranjan Routray v. State Of Odisha

2022-07-15Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13844 of 2022 Nihar Ranjan Routray ....

Petitioner(s) Mr. B.K. Raj, Advocate -versusState of Orissa & Ors.

....

Opposite Party(s) Mr. S.P. Panda, Addl. Govt. Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

15.07.2022 02.

1.

This writ petition involves the following prayer:- Order No.

"The petitioner therefore prays that in view of the submissions made above the Hon'ble Court may be graciously pleased to issue Rule NISI, calling upon the opposite parties to show cause as to why an alternate plot should not be allotted to the petitioner within the stipulated time and in case the opposite parties fails to show cause or show insufficient cause the rule be made absolute in the interest of justice. And/or any other order(s)/ direction (s) as your Lordship deem fit and proper."

2.

Taking this Court to the pleadings made in this writ petition Mr. Raj, learned counsel for the Petitioner brings to the notice of this Court the case of the Petitioner that for no possibility for construction of a house over the land already allotted in favour of the Petitioner vide Plot No.321/4397, Khata No.619/427 at Chandrasekharpur, Bhubaneswar, the Petitioner has also made a claim to the General Administration Department, Government Odisha for alteration of the plot. Through the document at page 17 & 18 of the brief Mr. Raj,

// 2 // learned counsel for the Petitioner establishes that there is already a request on the above aspect pending with the Director of Estates, G.A. Department, Govt. of Odisha, Bhubaneswar since 21st September, 2020.

3.

Keeping the above submission of Mr. Raj, learned counsel for the Petitioner, this Court finds, no purpose will be served in keeping such matter pending, except directing the Director of Estates, G.A. Department to take a decision on the claim of the Petitioner. In the process this Court in disposal of the writ petition directs, in the event the Director of Estates, G.A. Department-Opp. Party No.5 has already received the application of the Petitioner at page 17 & 18 of the brief, the said application shall be considered and disposed of by taking a lawful decision on the same, at least within a period of two months from the date of communication of an authenticated copy of this order by the Petitioner and also involving the Petitioner. 3.

Free copy of this order be handed over to the learned State Counsel for necessary communication.

(Biswanath Rath) Judge Ayaskanta Jena