Orissa High CourtWP(C)/13858/2022disposed off

Surendranath Mahapatra v. Jugal Kishor Sethy

2022-06-02Mr. Justice S.K.Sahoo,Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13858 of 2022 Surendranath Mahapatra & Ors.

....

Petitioners Mr. S.B. Mohanty, Advocate -versusJugal Kishor Sethy & Ors.

.... Opposite Parties Mr. R.N. Mishra Addl. Govt. Advocate COROM:

JUSTICE S.K. SAHOO JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

02.06.2022

01. 1. This matter is taken up through Hybrid Mode. Order No

2. Heard Mr. S.B. Mohanty, learned counsel for the Petitioner and Mr. R.N. Mishra, learned counsel appearing for the Opp. Parties.

3. The Petitioners have filed the present writ Petition seeking inter alia for a direction on the Opp. Parties to take effective steps for rehabilitation and relocation of the Petitioners over the non-objectionable Govt. land under Khata No. 26 in Mouza - Bidubazar under Nilagiri Tahasil for construction of shop rooms and for resettlement of the Petitioners by taking some premium.

4. As revealed from the pleadings made in the writ Petition, the Petitioners have approached the Opp. Parties more particularly O.P. Nos.3, 4 & 5 vide Annexure-7 and

// 2 // Annexure- 8 series ventilating their grievance as made in the writ Petition.

5. Mr. Mohanty, learned counsel for the Petitioners submitted that even though they have moved the O.P. Nos.3 to 5, the Sub-Collector, Nilagiri, O.P. No. 4 is competent to take a decision on the claim made by the Petitioners on 26.04.2022 under Annexure-8 series.

6. Therefore, without entering into the claim made in the writ Petition, this Court while disposing the writ Petition, directs the O.P. No. 4 to take a lawful decision on the claim made by the Petitioners on 26.04.2022 under Annexure-8 series within a period of 4(four) weeks from the date of receipt of this order and by giving an opportunity of hearing to Petitioner No. 1.

7. It is also observed that O.P. No.4 shall act on the same on production of a copy of this order by Petitioner No.1 within a period of 7(seven) days from the date of receipt of this order. It is further observed that till such a decision is taken by O.P. No. 4, no coercive action shall be taken against the Petitioners. The order so passed by O.P. No. 4 be communicated to Petitioner No. 1, who shall share it with the other Petitioners.

8. With the aforesaid observation and direction, the writ Petition is disposed of.

(S.K. Sahoo) Vacation Judge (Biraja Prasanna Satapathy) Vacation Judge Sneha