Disposed

Mayadhar Swain v. State of Orissa

Orissa HC24 Nov 2016WP(C)/18505/2016

Case brief

AI extract

What is this about?

This court disposed of a Public Interest Litigation alleging encroachment of government land. The court held that calling for a counter affidavit was unnecessary. Instead, it directed the Collector to decide the petitioners' representation after an opportunity of hearing within two months.

What did the court decide?

Directions for the Collector to decide the petitioners' representation after hearing parties within two months.

Mayadhar Swain Vs State of Orissa — Land Acquisition | Orissa HC (2016)

¶1

 WP(C) No.18505 of 2016

¶2

03. 24.11.2016 This writ petition has been filed in the nature of Public Inte
rest Litigation alleging that government land over Plot No.153 under Khata No.379 of Mouza-Sul
tanpur in the district of Cuttack, is being encroached by the private opp. parties no.4 and 5.

¶3

 2. It is contended that the said land has been used by the public at large as Ras
ta and, because of the encroachment, the petitioners as well as other residents of the villag
e would suffer irreparable loss.

¶4

 3. With regard to such grievance, the petitioners along with other residents of t
he village have filed a detailed representation dated 05.10.2016 before the Collector-opp. par
ty no.1, a copy of which has been annexed to the writ petition as Annexure-5.

¶5

 4. Having heard learned counsel for the petitioners and the learned Addl. Govt. A
dvocate and considering the facts of the case, we are of the opinion that no useful purpose wo
uld be served by calling for counter affidavit and keeping the writ petition pending.

¶6

 5. Having regard to the facts and circumstances of the case, we dispose of the wr
it petition with the direction that the representation of the petitioners dated 05.10.2016 be
considered and decided by the Collector-opp. party no.1 or any other competent officer duly au
thorized by him by reasoned and speaking order in accordance with law and after giving opportu
nity of hearing to the petitioners and opp. parties no.4 and 5 as expeditiously as possible, p
referably, within a period of two months from the date of filing of certified copy of this ord
er before the Collector-opp. party no.1.

¶7

 With the above observation/direction, the writ petition stands disposed of.

¶8

-2-

Mayadhar Swain v. State of Orissa

Case brief

What is this about?

What did the court decide?

Mayadhar Swain v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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