Dismissed

Kalandi Behera v. Collector,Puri

Orissa HC21 Aug 2017WP(C)/8307/2013

Case brief

AI extract

What is this about?

Writ petition filed by residents seeking renaming of a godown originally named after a different village. The court found the name had been changed during pendency to include the petitioners’ village, thus no cause of action survives, leading to disposal of the petition.

What did the court decide?

The writ petition stands disposed of as no cause of action survives after the name of the godown was corrected to include the petitioners’ village.

Kalandi Behera Vs Collector,Puri — Constitutional and Fundamental Rights | Orissa HC (2017)

¶1

W.P.(C) No. 8307 of 2013

¶2

08. 21.08.2017 This writ petition has been filed by some residents of village
 Pateligaon in the district of Puri with the prayer that the godown constructed by Orissa Stat
e Warehousing Corporation should be named after the village Pateligaon instead of Nahantara.
 2. The contention of learned counsel for the petitioners is that the land of vill
age Pateligaon was acquired/taken for construction of the said godown and, as such, it has wro
ngly been named after village Nahantara.

¶3

 3. In the counter affidavit filed by the State, it has been specifically stated i
n paragraph-7 that the godown was constructed on the land belonging to both the villages. It i
s specially stated Ac.1.50 dec. of land was taken from village Pateligaon and Ac.0.95 dec. was
 taken from village Nahantara.

¶4

4. The said averments made in the counter affidavit have not been denied, as no r ejoinder affidavit has been filed.

¶5

 5. Learned counsel appearing on behalf of the Odisha State Warehousing Corporatio
n has submitted that during pendency of the writ petition, the name of the godown has been cha
nged from Nahantara to Corporation Godown of Pateligaon and Nahantara, as it serves both the v
illages.

¶6

 6. In such view of the matter, since the name of the godown has already been chan
ged and with such changing the name of the petitioners village has already been included in th
e name of the godown, no cause of action survives.

¶7

 Accordingly, the writ petition stands disposed of.

¶8

........
( VINEET SARAN )
CHIEF JUSTICE

¶9

..
( DR. B.R. SARANGI )
JUDGE

¶10

pcp/skj

¶11

-2-

Kalandi Behera v. Collector,Puri

Case brief

What is this about?

What did the court decide?

Kalandi Behera v. Collector,Puri

Case brief

What is this about?

What did the court decide?

What the court decided

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