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Orissa High CourtWP(C)/22803/2022disposed off

Lingaraj Das v. State Of Odisha

2022-09-30Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.22803 OF 2022 Lingaraj Das ....

Petitioner Mr.B.K.Behera, Adv.

-versusState of Odisha & ors.

....

Opposite Party(s) Mr.S.P.Panda, AGA Mr.D.Mohapatra, Adv.

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

30.9.2022 01.

1.

Heard learned counsel for the Parties.

2.

This matter involves a request for re-location of Basti people to avoid inconvenience created for their temporary habitation in and around Sector-6. Hearing the Writ Petition being W.P.(C) No.24201/2019 along with a batch of cases, this Court by order dated 5.9.2022 has given a direction to the Collector, Cuttack at Paragraphs-5 & 6 therein, which is as follows :- "5. Keeping in view the matter is still not considered by the Collector, Cuttack, this Court in disposal of all these Writ Petitions directs the Collector, Cuttack to take a call on the grievance of the Petitioners/Association involved, keeping in view the detailed orders involving the Writ Petitions and taking a lawful decision involving the Development Authority as well as the representatives of the Residential Association of Sector-8 and the representatives of people/allottees likely to be aggrieved by such decision, decision as appropriate be taken within a period of two

// 2 // months from the date of communication of this order by the Petitioners. Development taken place in the meantime shall remain bound by the ultimate outcome in the order of the Collector.

6. Considering the nature of grievance, this Court also observes in the ultimate event of allotment to the people in lower strata, looking to the nature of residents in Sector-8, it becomes the responsibility of the Development Authority to maintain decency and decorum in the locality." This Court finds, the case of the Petitioner is already governed by such direction.

3.

In the circumstance, this matter is remitted to the Collector, Cuttack, O.P.2 to consider the fate of the Petitioner herein while deciding the case of the Petitioner in W.P.(C) No.24201/2019. 4.

With the above order, the Writ Petition stands disposed of. 5.

Let a copy of this order along with copy of the Writ Petition be served on the Collector, Cuttack at least within three working days.

6.

A free copy of this order be supplied to Mr.S.P.Panda, learned A.G.A.

(Biswanath Rath) Judge M.K.Rout