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Orissa High CourtWP(C)/18467/2022disposed off

Lambodar Sa v. State Of Odisha

2022-08-02Mr. Justice Biswajit Mohanty,Miss Justice Savitri Ratho2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18467 of 2022 Lambodar Sa ....

Petitioner Mr. S.B. Mohanty, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. D. Nayak, Additional Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE SAVITRI RATHO Order No.

ORDER

02.08.2022 01.

1.

Heard Mr. S.B. Mohanty, learned counsel for the petitioner and Mr. D. Nayak, learned Additional Government Advocate.

2.

According to Mr. Mohanty, the petitioner along with cosharers are the owners of Ac.0.3900 decimals land pertaining to Plot No.135 falling under Khata No.66 of Mouza-Mareigaon under Nilagiri Tahasil in the district of Balasore. Out of the said area, Ac.0.020 decimals have been forcibly occupied by the authorities for constructing a road without paying any compensation. Though the petitioner has filed a representation on 08.07.2022 under Annexure-4 praying for compensation before the Collector, Balasore (opposite party No.2), however, he submits that liberty may be granted to the petitioner to file a representation afresh before the opposite party No.2 and the said opposite party be directed to take a decision on such motion within a specific time period.

3.

Considering the submissions made and without

// 2 // expressing any opinion on the merits of the case, this Court grants liberty to the petitioner to file a representation before the Collector, Balasore (opposite party No.2) through registered post within a period of two weeks from today. In the event, such a representation is filed along with a copy of this order, the opposite party No.2 is directed to take a decision on the same in accordance with law keeping in mind the interest of all cosharers within a period of three months from the date of receipt of such representation and communicate the result of such exercise to the petitioner.

4.

Accordingly, this writ petition is disposed of. 5.

Urgent certified copy of this order be granted on proper application (Biswajit Mohanty) Judge Prasant (Savitri Ratho) Judge