The court disposed of a writ petition regarding alleged illegal construction and public nuisance over a public road. The court held that the petitioners should pursue representation before the Collector or action under Section 133 Cr.P.C.
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W.P. (C) No. 8109 of 2020
2. 07.05.2020 Heard learned counsel for the petitioners and learned Additional Government Advocate.
The grievance of the petitioners in this writ petition is that illegal construction is being made over public road and Nayanjori over Plot No. 537 of Mouza-Patrapur under Patrapur Tahasil in the district of Ganjam. According to the petitioners such public road is used by the general people and the Nayanjori is being used for discharge of excess water. The opposite parties 3 and 4 are making illegal construction over it.
In view of such allegation of the petitioners, since the alleged overt act is coming within the meaning of public nuisance, it is open to the petitioners to file representation before opposite party no.1-Collector, Ganjam, who will take appropriate action after due inquiry. Since such public nuisance is also coming within the purview of Section 133 Cr.P.C., it is open to the petitioners to take up such action, if they are so advised. In such event also their application shall be dealt with in accordance with law.
With the above observation/direction the writ petition is accordingly disposed of.
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S. Panda, J
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K. R. Mohapatra, J.
Arun.
2
Petitioners
Collector, Ganjam
Opposite Parties 3 and 4
S. Panda
K. R. Mohapatra
As recorded by the court registry
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