Aswini Kumar Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C).No.40703 of 2021 Aswini Kumar Biswal & Ors.

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Petitioner(s) Mr.C.R.Behera, Advocate -versusState of Odisha & Ors.

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Opposite Party(s) Mr.A.K.Mishra, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

21.01.2022 1.

This matter is taken up through Video Conferencing Mode. Order No.

2.

Heard learned counsel appearing for the parties. 3.

This writ petition involves the following prayer: "The petitioner therefore prays that Your Lordship would be graciously pleased to admit the writ application and issue notice to the Opp.Party and after hearing issue Writ/Writs, Order/Orders, Direction/ Directions directing the Opp.Party not to make any construction over plot No,220/355 the decree land in favour of vendor of these petitioners in T.S.No.20/91 in the Court of Munsif, Rourkela;

Or direct the Opp. Parties to dispose of the representation vide Anenxure-11 series and 12 series prior to making any construction;

Or pass any other order/orders, Direction/directions as Your Lordship deem fit and proper."

4.

Considering that petitioners have a pending application at page-118 to the brief before the Commissioner, Rourkela Municipal Corporation-opposite party no.4 on the self same issue, this Court while declining to entertain the writ petition at this stage however directs the Commissioner, Rourkela Municipal Corporation-opposite party no.4 to look into the grievance of the petitioners and pass appropriate order, if necessary, providing opportunity of hearing by

// 2 // completing the entire exercise within a period of two months from the date of communication of an authenticated copy of this order by the petitioners.

5.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout copy 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 as modified by Court's Notice No.4798, dated 15th April, 2021 and Court's Office order circulated vide Memo Nos.514 & 515 dated 7th January, 2022.

(Biswanath Rath) Judge Sks