Lalmohan Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 16740 of 2022 Lalmohan Naik ....

Petitioner Mr. G. Sethi, Adv.

- Versus - State of Odisha & Others.

....

Opp.Parties Mr. N. Panda, Adv. [O.P. No.4]

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

08.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

04.

2.

Learned counsel for the petitioner is permitted to correct the typographical error in the cause title of the writ petition in Court. 3.

The prayer of the petitioner in this writ petition is as follows:

"It is therefore prayed that this Hon'ble Court may graciously be pleased to admit this writ petition and issue notice to the Opp.parties more particularly to the Opp.party Nos. 3, 4 & 5 to file their show cause as to why the Government land vide R.O.R. No.189 of Mouza-Debendrapur, Tahasil- Baripada area Ac. 0.04 decimals in the District of Mayurbhanj, Odisha shall not be recorded in name of the petitioner under "JAGA MISSION" vide Annexure-2 considering the petitioner's representation dt.18.04.2022 (under Annexure-3 series) within a stipulated period for the interest of justice;

And further be pleased to issue a writ/writs in the nature of Mandamus by directing the Opp.parties to record the name of the petitioner in the Government land, considering her representation dated 21.07.2021 (under Annexure-3 series)."

4.

It is the case of the petitioner that he is a slum dweller in Takatpur area of Baripada town and is otherwise eligible to be granted land under the Jaga Mission of the Government. The petitioner claims to have submitted representations to the

Collector, Mayurbhanj;

Executive Officer, Baripada Municipality; and the Tahasildar, Baripada in this regard, the copies of which have been enclosed as Annexure-3 series to the writ petition.

5.

Since the representations are still pending, without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to the opposite party no.4Executive Officer, Baripada Municipality to take a decision on the representation within a period of four weeks after granting opportunity of hearing to the petitioner. The opposite party no.4 shall pass a speaking order after hearing the petitioner. 6.

Writ petition is disposed of accordingly.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana