Single judge disposed of writ petition challenging demolition of sales booth. Directed Additional Commissioner to decide petitioner's pending representation within deadline, reserving opinion on merits.
Petition disposed with direction to Opposite Party No.4 to consider representation within time limit and communicate decision.
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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
W.P.(C) No.582 of 2021
Bhimsen Bhutia … Petitioner - Versus - State of Odisha & others … Opp. Parties
O R D E R
Heard.
This writ petition has been filed by the petitioner challenging the action of the opposite parties in demolition of his OPOLFED Sales Booth and seeking direction to the Opposite Parties No.1 & 2 to allot an alternative site at Plot No.332/1948, near Chandrasekharpur Kalyan Mandap, Ward No.9, Bhubaneswar-21 within a stipulated period.
However, during the time of hearing on admission, it is submitted by the learned counsel for the petitioner that since a representation has been filed by the petitioner at Annexure-2, it would suffice, if the writ petition is disposed of with a direction to the Additional Commissioner, Bhubaneswar Municipal Corporation, Bhubaneswar to consider such representation within a stipulated period.
2
Considering the same, this writ petition is disposed of with direction to Opposite Party No.4 to take a decision on the representation of the petitioner at Annexure-2, if pending, in the manner known to law within 1st March, 2021 and communicate the decision taken to the Petitioner within seven days thereof.
It is made clear that this Court has expressed no opinion on the merit of such representation of the petitioner in any manner.
With the aforesaid order, the writ petition stands disposed of.
The parties may utilize the copy of this order as per the High Court’s Notice No.4587 dated 25.03.2020.
S.Pujahari, J.
RKS
1 issue framed by the court
Whether the writ petition challenging the demolition of a sales booth should be disposed of with a direction to consider a subsequent representation.
Bhimsen Bhutia
State of Odisha
Bhubaneswar Municipal Corporation
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
