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Orissa High CourtWP(C)/23171/2022disposed off

Binoy Kumar Nanda v. State Of Odisha

2022-09-30Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.23171 OF 2022 Binoy Kumar Nanda ....

Petitioner Mr.S.C.Satapathy, Adv.

-versusState of Odisha & ors.

....

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

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

30.9.2022 01.

1.

Heard learned counsel for the Parties.

2.

Considering the allegation involved in this matter and as a decision in such matter is ultimately required to be taken by the Secretary to Govt. General Administration Department and the Revenue Department, this Writ Petition stands disposed of directing the Secretary to Govt. General Administration Department and the Revenue Department to take a decision as appropriate, involving the grievance of the Petitioner within a period of three months from the date of communication of the order by the Petitioner. 3.

Status quo as on date in respect of the disputed land be maintained till an outcome on the request of the Petitioner to be maintained by all involved

// 2 // 4.

This Court finds, there are so many litigations coming on this aspect either requesting allotment of the land ahead of the land of the persons in long occupation or behind the land of the persons. It is not known as to why a one-time major action is not undertaken by the Competent Authority in deciding such matters in favour of the persons already in enjoyment of such property even on payment of premium, may be there is requirement involving an enquiry to find out if the land lying in such manner is required for public purpose, secondly, if such land is allotted to any third party likely to create obstruction to the land owner behind or after such land and thirdly, if allotment of any such land involved public interest. 5.

This Court therefore, directs the Secretary to Government, G.A. Department as well as the Revenue Department to have an overall survey in all urban areas and undertake exercise in adjustment of such land in either way by completing such exercise within one year also involving the exercise whether such land is already within the compound wall of such persons in occupation, if necessary, by appointing special task for the purpose. 6.

A free copy of this order be supplied to the learned A.G.A. (Biswanath Rath) Judge M.K.Rout