Jaydev Tower Apartment Owner Association v. Satya Sekhar Rath

IN THE HIGH COURT OF ORISSA AT CUTTACK

WA No.568 of 2021 Jayadev Tower Apartment Owner Association ....

Appellant Mr.S. Tibrewal, Advocate -versusSatya Sekhar Rath and others ....

Respondents Mr. D.N. Mohapatra, Advocate for BDA Mr. B.K. Dash, Sr. Advocate for BMC Mr. Samir Kumar Mishra, Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

22.09.2022 02.

1. The challenge in the present writ appeal are to some interim orders passed by the learned Single Judge in W.P.(C) No.20212 of 2019. Without going into the merits of the contentions, the Court would like to observe that one of the grievances of the writ Appellant is that the debris lying in the premises has not still been cleared.

2. Mr. Samir Kumar Mishra, learned counsel for the Respondents in the appeal maintains that the debris has been cleared and further states that in the event there is any violation of the orders passed by the learned Single Judge appropriate proceedings can be instituted by the Appellant for that purpose. Learned counsel for the BMC assures the Court that the debris will be cleared, if not already done.

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3. The Court is not inclined to interfere with the impugned orders of the learned Single Judge at this stage and therefore the writ appeal is disposed of. However, it is requested that the writ petition be heard expeditiously and disposed of as early as possible. For this purpose the writ petition now be listed before the roaster Bench of the learned Single Judge on 30th October, 2022. (Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge KC Bisoi