Disposed

Bhabani Malick v. State of Orissa

Orissa HC2 May 2016WP(C)/4723/2016

Case brief

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What is this about?

W.P.(C) No. 4723 of 2016, a PIL by villagers of Banaparia challenging Godown construction on Gochar land by Central Warehousing Corporation, was disposed of without notice to opposite party. The court directed petitioners to file a representation to the Collector within two months.

What did the court decide?

Petition disposed of; direction to file representation to Collector with certified copy of order for hearing within two months.

In view of the nature of the order being passed, we dispose of the petition wi thout issuing notice to opposite party no.4-Central Warehousing Corporation. This petition has been filed by the villagers of the village Banaparia, distri ct-Balasore in the nature of a Public Interest Litigation. The grievance of the petitioners is that Plot No.564 in Rakhita Khata No.334, which is entered in the revenue record as Gochar land, the Central Warehousing Corporation, op posite party no.4 is constructing a Godown, which is not permissible under law, as the nature of the land has not been changed and still continues to be for grazing purpose. With regard to the aforesaid grievance, the petitioners have already filed a r epresentation before the opposite party no.3, which is yet to be decided. Having heard learned counsel for the parties, we are of the opinion that no us eful purpose would be served by calling for the counter affidavit keeping the writ petition pe nding.

In the aforesaid facts and circumstances of the case, we dispose of the writ p etition with the direction that in case, with regard to the grievance made in this petition, t he petitioners file a comprehensive representation to Collector, Balasore along with a certifi ed copy of this order, the same shall be considered either by the Collector, Balasore or by an y competent authority duly authorized by him, in accordance with law by a reasoned and speakin g order after giving opportunity of hearing to the petitioners as well as opposite party no.4- Central Warehousing corporation and other concerned parties having any bearing on the issue as expeditiously as possible within a period of two months from the date of filing of such repre sentation.

Bhabani Malick v. State of Orissa

Case brief

What is this about?

What did the court decide?

Bhabani Malick v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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