This order dismissed a writ petition challenging the illegal construction of an Anganwadi Centre on gochar land. The Court dismissed the petition because the construction was underway for a public purpose benefiting larger interests.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) NO.11586 OF 2022
Akrura Pradhan & ors.
Petitioners
Mr.H.Mohapatra, Adv.
-versus-
State of Odisha & ors.
…. Opposite Parties
Mr.U.K.Sahoo, ASC
CORAM: JUSTICE BISWANATH RATH
Order No.3.
ORDER 30.11.2022
“It is, therefore, prayed that your Lorshsips shall be graciously pleased enough to admit the aforesaid Writ Application, issue writ of mandamus issuing Rule Nisi calling upon the Opp.Parties particularly the Opp.Party No.2 and Opp.Party No.5 to show cause as to why direction shall not be given to the O.P. No.5 not to raise construction of building of Garapada Anganwadi Centre over the Gochar land under Annexure-1, considering the aforesaid facts and circumstances. If the Opp.Parties do not show cause or show insufficient cause Rule NISI may be made absolute.”
Anganwadi Centre over gochar land without any disclosure, as to whether
the Petitioners have any cow to graze on such land. Further in filing counter, there has been disclosure showing the extent of construction
already involved therein by filing photocopy of the construction stage,
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vide Annexure-B/5. It is also brought to the notice of this Court that in the meantime, there has been de-reservation proceeding involving carving out of a portion of gochar land for the purpose of construction of Anganwadi Centre.
inclined to entertain the Writ Petition, which is dismissed accordingly.
(Biswanath Rath)
Judge
M.K.Rout
Page 2 of 2
Akrura Pradhan & ors.
State of Odisha & ors.
Justice Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
