Bipin Bihari Patel v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) NO.24473 OF 2022 Bipin Bihari Patel ....

Petitioner Mr.B.Sai, Adv.

-versusState of Odisha & ors.

....

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

CORAM:

JUSTICE BISWANATH RATH

ORDER

19.10.2022 Order No.

1.

1.

Heard learned counsel for the Parties.

2.

The Writ Petition involves the following prayer :- "It is, therefore, humbly prayed that this Writ Petition may kindly be accepted and allowed and further the actions of O.P.3 , R.D.A.(Rourkela Development Authority) Rourkela to be declared as illegal, arbitrary, unjust and unconstitutional and further issue an appropriate writ, order, direction to the Ops.

(1) For issue of original ownership documents of petitioners house with a total area of 2775 sq. ft.

(2) And further direction to O.P.3 not to suppress petitioner for vacation of the extra area as the amount is paid earlier.

(3) And direction to O.P.3 not for any harassment to the petitioner a Senior citizen in the activities like public auction, sale and any coercive action."

3.

As appears, the Petitioner has made a prayer to direct O.P.3 for issuing original ownership document involving the Petitioner's house and not undertaking any exercise for vacation of the house involved even in respect of extra area but attached to the residence

// 2 // involved. Considering the innocuous request, the Writ Petition stands disposed of directing O.P.3 to treat the Writ Petition as a representation at the instance of the Petitioner and take lawful decision so far prayer no.1 is concerned completing such exercise within one and half months from the date of communication of this order along with copy of the Writ Petition. So far as prayer no.2 is concerned, requesting not to intend eviction of the Petitioner from the excess land, it may be open to the Petitioner to make such request to O.P.3 for their consideration of this aspect. 4.

With this observation, the Writ Petition stands disposed of. (Biswanath Rath) Judge M.K.Rout