Disposed

Sabitri Sahoo v. State of Orissa

Orissa HC17 Aug 2016WP(C)/13353/2016

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging a demolition notice issued to the legal heirs of a deceased landowner. Observing that the heirs were not part of prior proceedings, the Court directed them to approach the appellate authority to recall the earlier dismissal order before seeking any interim relief.

What did the court decide?

Petitioners directed to approach appellate authority to recall order of 02.02.2013 and apply for interim order.

Sabitri Sahoo Vs State of Orissa — Land Acquisition | Orissa HC (2016)

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W.P.(C) NO.13353 OF 2016

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17.08.2016

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 Heard learned counsel for the petitioners.

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2. This Writ Petition has been filed by the petitioners challenging the letter dated 21.0
7.2016 under Annexure-5 issued by the Enforcement Officer, Cuttack Development Authority, Cutt
ack directing one Harekrushna Sahu to remove the unauthorized construction over Plot No.226 (H
al) of Mouza : Ranihat within a week from the date of issue of the notice, failing which C.D.A
 will be constrained to demolish the same at his cost and risk.

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3. Learned counsel for the petitioners submitted that Harekrushna Sahu died on 27.05.2011
 leaving behind the petitioners as his legal heirs. A copy of the Certificate of Death issued
under Sections 12/17 of the Registration of Births and Deaths Act, 1969 and rules of Orissa Bi
rths and Deaths, Rule, 2001 has been annexed to the Writ Petition under Annexure-2. He further
 submitted that U.C Case No.429 of 2003 and Appeal Case No.17 of 2005 were disposed of on 03.1
1.2004 and 02.02.2013 respectively without issuing notice to the petitioners. The petitioners
have no knowledge about initiation of the aforesaid cases.

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4. Considering the above, this Court disposes of this Writ Petition with an observation t
hat it is open to the petitioners to approach the appellate authority to recall the order date
d 02.02.2013 passed in Appeal Case No.17 of 2005 and take appropriate steps by filing an appli
cation before the competent authority for interim order, if any.

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Sabitri Sahoo v. State of Orissa

Case brief

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Sabitri Sahoo v. State of Orissa

Case brief

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