Mukhalinga Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.14797 of 2022 Mukhalinga Panda ....

Petitioner Mr. P.K.Mishra, Advocate -versusState of Odisha & others ....

Opposite Parties Mr. S.Nayak, A.S.C.

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

17.6.2022.

01.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner has filed the present Writ Petition with the following prayer:- "The Petitioner therefore most humbly prays that this Hon'ble Court be graciously pleased to allow this application and be pleased to direct the Opposite Parties No.1 to 3 to enquire into the matter and in the facts and circumstance of the case to restrain the Opposite Parties No.3 to 7 from raising the construction and further direct the

// 2 // Opposite Parties No.1 to 3 to restore the natural flow of water from the disputed land to help the poor farmers from cultivating their lands".

4.

It is submitted that ventilating the self-same grievance the Petitioner has submitted several representations to the Collector and District Magistrate, Rayagada, Opposite Party No.2, but the same are yet to be considered. A copy of the representation dated 24th May, 2021 along with other representations are enclosed to the Writ Petition as Annexure2 series. He has also submitted a representation to the Governor of Odisha on 22nd January, 2022, which is enclosed as Annexure-2 series.

5.

Having regard to the limited prayer of the Petitioner, this Court disposes of the Writ Petition directing Opposite Party No.2 to dispose of the representation filed by the Petitioner within a period of three months from the date of production of certified copy of this order. If the Opposite Party No.2 so desires, he may conduct a field enquiry to examine the veracity of the contentions put forth by the Petitioner and in case they are found to be true, he shall take necessary action in accordance with law. Till such time status quo shall be maintained over plot No.1388 under Khata No.323 of Mouza-Gunupur in the district of Rayagada.

// 3 // 6.

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

(Sashikanta Mishra) AKB Vacation Judge