Disposed

Gourisankar Paul v. State of Odisha

Orissa HC9 Apr 2021WP(C)/7579/2021

Case brief

AI extract

What is this about?

A writ petition seeking a direction to prevent illegal construction over Nayanjari land infringing on the petitioner's natural right of way. The court disposed of the writ by granting the petitioner liberty to approach the competent forum to agitate the grievance against Opposite Parties Nos. 4 to 6.

What did the court decide?

Liberty granted to the petitioner to approach the competent forum to initiate proceedings against Opposite Party Nos. 4 to 6 regarding infringement of natural way rights.

Gourisankar Paul Vs State of Odisha — Landlord and Tenant | Orissa HC (2021)

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W.P.(C) NO. 7579 OF 2021

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02. 09.04.2021

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The matter is taken up by video conferencing mode.

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The Petitioner by filing this writ application has prayed for a direction to the Opposite Party Nos.2 & 3 to see that no such illegal and unauthorized construction is made over the Nayanjari land situated in mouza Rajpur under M.S. Khata No.975, Plot No.450 measuring an area Ac.0.025 decimals.

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Learned counsel for the Petitioner submits that the Nayanjari runs in front of the homestead land of the Petitioner and the Opposite Party No.4 to 6 are putting up construction over portions of the same which is causing hardship and suffering to the Petitioner in approaching the public road. It is further submitted that although attention of the Opposite Party Nos.2 & 3 has been invited in this regard, no such noticeable action has been taken as of now.

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Learned Additional Government Advocate submits that as per the case projected by the Petitioner, it is a case of infringement of natural right of user of the Nayanjari land for approaching the public road from his homestead land.

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Considering the submissions made and on going through the averments taken in the petition as also the documents annexed thereto; further taking into account the specific grievance of the Petitioner as has been raised, this writ application stands disposed of granting liberty to the Petitioner to approach the competent forum as per law in agitating his grievance as to infringement of his right of natural way in so

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= 2 =

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far as the Nayanjari land is concerned against the Opposite Party Nos.4 to 6 by initiating the duly constituted proceeding seeking the appropriate relief in accordance to law.

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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March, 2020.

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……………………..

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D. Dash, J.

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Narayan

Gourisankar Paul v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gourisankar Paul v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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