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Orissa High CourtWP(C)/28976/2022disposed off

Suresh Jaiswal v. State Of Odisha

2022-11-09Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) NO.28976 OF 2022 Suresh Jaiswal ....

Petitioner Mr.B.R.Behera, Adv.

-versusState of Odisha & ors.

....

Opposite Party(s) Mr.S.Ghosh, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

9.11.2022 01.

1.

Heard learned counsel for the Parties.

Order No.

2.

The Writ Petition involves the following prayer :- "It is, therefore, prayed that in the facts and circumstances stated above and in the interest of justice, this Hon'ble Court may be graciously be pleased to issue appropriate writ(s)/direction(s) directing the Opp.Party No.2, 3 and 4 to take all necessary steps including police protection and to remove any obstruction for plying of transport vehicles for smooth carrying of trade/business of the Petitioner." 3.

It is alleged, even after deposit of the lease amount, the Petitioner is unable to operate the sand sairat. 4.

Considering the serious allegation and obstruction for the Petitioner in operating the sand sairat even after the lease deed entered into and finding the request on the selfsame issue pending before the Collector & District Magistrate, Sundargarh, O.P.2 and the Superintendent of Police, Rourkela, O.P.3, vide Annexure-5, this

// 2 // Court in disposal of the Writ Petition directs O.Ps.2 & 3 respectively to look into the request of the Petitioner, vide Annexure-5 and do the needful at least within a period of ten days from the date of receipt of copy of such order. While taking decision, it may also be open to O.Ps.2 & 3 to find the law on this score already laid down in the case of M/s.Shakti Bricks vrs. The Collector, Bhadrak reported in 2008(II) OLR 690.

(Biswanath Rath) Judge M.K.Rout