Nidrabati Mohanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) NO.34379 OF 2022 Nidrabati Mohanta ....

Petitioner Mr.G.C.Mohanaty, Adv.

-versusState of Odisha & ors.

....

Opposite Party(s) Mr.S.Mishra, ASC

CORAM:

JUSTICE BISWANATH RATH

ORDER

16.12.2022 01.

1.

Heard learned counsel for the Parties.

Order No.

2.

In producing the original of the R.O.R. the Petitioner establishes that there is infringement of personal right of the Petitioner involving Plot No.1167 in the construction of Hari Sankritan Mandap. On the selfsame ground, the Petitioner has already made a representation pending before the Collector, Mayurbhanj, O.P.2 raising serious allegation of construction of the above Establishment over own plot of the Petitioner, for which the Writ Petition at this stage will not be entertainable. While disposing of the Writ Petition, this Court directs the Collector, Mayurbhanj, O.P.2 to immediately enter into an enquiry to find, if there is illegal use of personal land of the Petitioner and in absence of acquisition of

// 2 // such land and pass appropriate order. For the Petitioner alleging that the construction is undertaken over her own plot keeping in view the resources through the R.O.R. attached to the litigation, this Court observes, while taking decision as per this direction at least within a period of three weeks from the date of communication of this order, there shall be stay of further proceeding in the construction, if undertaken over plot no.1167 appertaining to khata no.337 till disposal of the representation by O.P.2.

3.

The Writ Petition stands disposed of accordingly. (Biswanath Rath) Judge M.K.Rout