Madhumita Baliarsingh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.19792 of 2022 Madhumita Baliarsingh ....

Petitioner(s) Mr. T. Dash, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Ms. S. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE BISWANATH RATH

ORDER

30.08.2022 Order No.

01.

1.

Looking to the prayer made in this Writ Petition, it appears, there is an allegation of illegal construction undertaken by the Opposite Party No.6 over the Government Plot No.1549, Khata No.579 of Mouza-Sanagada under Ranapur Tahasil in the district of Nayagarh and such construction obstructs the passage, light and air to the land of the Petitioner.

2.

It is also alleged that the objection of the Petitioners is not being heard and considered by the Opposite Party No.6. It is alleged that finding no other remedy the Petitioner is constrained to file Writ Petition.

3.

Looking to the grievance of the Petitioner regarding undertaking of construction over the Groacher land and keeping in view the allegation that for such construction there is obstruction of passage, light and air to the land of the Petitioners, this Court without wasting any further time, directs the Collector, Nayagarh to make an inquiry on the allegation of the Petitioners also involving the parties

// 2 // likely to be affected and resolve the issues raised therein. Outcome of such exercise shall also be intimated to the Petitioner. 4.

It is also directed that on spot visit if the Collector, Nayagarh finds, the allegation made by the Petitioners genuinely exists, the Collector, Nayagarh may pass appropriate interim order during pendency of final order.

5.

The entire exercise shall be completed within a period of one month from the date of communication of a certified copy of this order by the Petitioners.

6.

The Writ Petition stands disposed of with the above order. (Biswanath Rath) Judge Ayaskanta Jena