Umesh Chandra Mahanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.33624 of 2021 Umesh Chandra Mahanta .....

Petitioner Mr.B.K.Pardhi, Advocate - VersusState of Odisha & Ors .....

Opposite parties Mr.S.P.Panda, AGA.

CORAM:

JUSTICE BISWANATH RATH

ORDER

03.01.2022 Order No.

1.

Heard the learned counsel appearing for the parties. 2.

This writ petition involves the following prayer: "It is therefore humbly and most respectfully prayed that the Hon'ble Court may graciously be pleased to issue Rule NISI, calling upon the opposite parties to show cause as to why a writ of mandamus on any other appropriate writ or writs not be issued. i) Considering the fats as has been stated above direct the opposite party no.5 i.e. NAC Officer, Karanjia to stop the construction work till disposal of the writ petition. ii) To direct the Tahasildar, Karanjia to select another Govt. land for construction of Mamata Gruha at Karanjia NAC. iii) And further to direct to the Tahasildar, Karanjia to give passage of road of 20Ft. width for egress and ingress of the petitioner;

And/ or any pass such other appropriate writ/writs, order/orders, direction/directions as this Hon'ble Court deem fit and proper;"

3.

Considering the rival contentions of the parties, this Court finds for the nature of dispute involved herein, it will be appropriate in the event the Executive Officer, Karanjia N.A.C. to look into the grievance of the petitioner vide Annexure-3 and pass appropriate

order but, however, making spot inquiry and hearing the submission of the petitioner involved herein. In the process, this Court disposes of the writ petition with a direction to the opposite party no.5 to consider the objection at the instance of the petitioner at Annexure-3 within a period of two months from the date of communication of certified copy of this order along with copy of the writ petition by the petitioner.

"

(BISWANATH RATH) JUDGE