Antarjyami Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) (PIL) No.14248 of 2022 Antarjyami Pradhan ....

Petitioner Mr. Jayadeba Behera, Advocate -versusState of Odisha and others ....

Opp. Parties Mrs. Saswata Pattnaik, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE M.S. RAMAN Order No.

ORDER

13.06.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The grievance of the Petitioner in this Public Interest litigation is with regard to illegal construction of Gram Panchayat office of Hansara Gram Panchayat in the district of Nayagarh on a Gochar Kissam of land. 3.

Mr. Behera, learned counsel for the Petitioner submits that the authority has taken a decision to construct office of the Hansara Gram Panchayat over a Gochara Kissam of land in Plot No.195 under Khata No.393 situated in Mouza-Hansara, whereas a suitable piece of land in Plot Nos.171 and 172 under the said Khata of Misrita Bagayat Kissam is available for construction of the Gram Panchayat office. The said plots are centrally located. No proceeding to de-reserve the Gochar Kissam of land for construction of the Gram Panchayat Office has been initiated by the Competent Authority as yet. In that regard, the Petitioner has made a representation to the Collector, Nayagarh-Opposite Party No.2 on 08.03.2022 as at Annexure-3 series, but no decision on the same has yet been taken. Hence, finding no other alternative, the Petitioner has filed this writ petition.

// 2 // 4.

Mrs. Pattnaik, learned Additional Government Advocate for the State submits that she has no instruction in the matter. However, if the representation of the Petitioner under Annexure-3 series is still pending with the Collector, Nayagarh-Opposite Party No.2, he may take a decision on the same in accordance with law.

5.

Taking into consideration the submissions of learned counsel for the parties, this Court without expressing any opinion on the merits of the case of the Petitioner, disposes of the writ petition with a direction that on production of certified copy of this order before the Collector, NayagarhOpposite Party No.2 within a period of two weeks hence, he shall do well to consider and dispose of the representation of the Petitioner dated 08.03.2022 as at Annexure-3 series in accordance with law as expeditiously as possible preferably within a period of eight weeks therefrom, if the same is still pending and result thereof shall be communicated to the Petitioner.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Vacation Judge (M.S. Raman) Vacation Judge Jyostna

// 3 //