Allowed

Nishikanta Malik v. State of Orissa

Orissa HC26 Oct 2016WP(C)/7568/2016

Case brief

AI extract

What is this about?

The court allowed the petitioner, a road contractor, to be paid his bill despite the road being constructed on private land not yet registered with the Panchayat, holding the contractor had no authority to intervene between the land owner and the Panchayat.

What did the court decide?

Directed payment of the petitioner's bill within three months from the date of receipt of the certified copy of this order.

One C.C. Road inside the village Rajendrapur under Rasulpur Block in Jajpur district has been constructed by the petitioner on being entrusted with the work, vide Work Order unde r Annexure-1. It is submitted by learned counsel for the petitioner that, all the villagers o f village Rajendrapur agreed to provide some portion of land from their Gharabari area for con struction of a Gramya Rasta (village road) and accordingly a Kachha Road was constructed. Sub sequently the C.C. Road has been constructed by the present petitioner on the basis of the Wor k Order issued in his favour vide Annexure-1 to the writ petition. In the meantime almost the entire road has been recorded in the name of the Panchayat barring a piece of land (a portion of the road), which is a piece of private land. Though the road has been constructed on the private land, neither the owner of that land nor any other person has raised any objection for construction of road over the said land. The concerned Panchayat authorities have not taken a ny step to get the aforesaid land registered in the name of the Panchayat. The Bill of the pe titioner has however been withheld on the ground that the petitioner has constructed the road on a piece of private land and he should take steps for registration of the said land in favou r of the Panchayat.

Petitioner is only a Contractor. He has no locus-standi to play a via media between the private land owner and the Panchayat. If the Panchayat so desires, it can pursue the pri vate land owner to get the land registered in the name of the Panchayat, as the village road r uns on the said land. The B.D.O., Rasulpur conducted an enquiry in the matter and he, in his report, has mentioned that construction of the road in question is a necessity for the village rs of Rajendrapur.

Taking into consideration all the aforesaid facts and submission, it is directed tha t the Bill of the petitioner, as raised by him, be paid to the petitioner within three months from the date of receipt of a certified copy of this order.

Nishikanta Malik v. State of Orissa

Case brief

What is this about?

What did the court decide?

Nishikanta Malik v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Case details

Similar cases

Rabi Nayak@Nahak Vs State of Orissa

Ranjan Vs State

Kaibalya Behera Vs State

Sushil Ku.Sahu Vs State of Orissa

Prakash Majhi Vs State of Odisha

Sudhansu Sekhar Padhan Vs Ghasiram Sahu