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Orissa High CourtWP(C)/29711/2021disposed off

Anita Choudhary v. State Of Odisha

2022-01-27Mr. Justice Biswajit Mohanty,Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.29711 of 2021 Anita Choudhary & another ....

Petitioners Mr. B.Bhuyan, Advocate -versusState of Odisha & others ....

Opposite parties Mr.A.R.Dash, Addl. Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE K.R.MOHAPATRA Order No.

ORDER

27.01.2022 01.

1.

This matter is taken up by video conferencing mode. 2.

Heard Mr.B.Bhuyan, learned counsel for the petitioners and Mr.A.R.Dash, learned Addl.

Government Advocate.

3.

According to Mr.Bhuyan the petitioners herein are aggrieved by the attempt by the opposite parties more particularly Commissioner, Bhubaneswar Municipal Corporation (opposite party No.3) to dispossess them from the scheduled property as indicated representation under Annexure-11 series filed before the Commissioner, Bhubaneswar Municipal Corporation on 15.4.2021 without acquiring the land by applying the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In such background he prays that a direction be issued to Commissioner, Bhubaneswar Municipal Corporation (opposite party No.3) to take a decision on the above noted representation under Annexure-11 series within a specific time period and for the interregnum, the interest of the petitioners be protected.

4.

Considering the submissions made and without

// 2 // expressing any opinion on the merits of the case, this Court directs the Commissioner, Bhubaneswar Municipal Corporation (opposite party No.3) to take a decision on the above noted representation under Annexure-11 series in accordance with law within a period of three months from the date of receipt of copy of this order and communicate the result of such exercise to petitioner No.1 who in turn is directed to share such information with petitioner No.2. Till disposal of the representation, status quo as on today with regard to the properties as indicated under Annexure-11 series shall be maintained by the petitioners as well as opposite party No.3.

5.

Accordingly the writ petition is disposed of. 6.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No. 4587, dated 25th march, 2020, modified by Notice No. 4798, dated 15th April, 2021, and Court's Office Order circulated vide memo Nos. 514 and 515 dated 7th January, 2022. Kishore (Biswajit Mohanty) Judge (K.R.Mohapatra) Judge