Disposed

Ranjita Mohanty v. State of Odisha

Orissa HC4 Jul 2023WP(C)/16871/2023

Case brief

AI extract

What is this about?

A PIL challenging the government's decision to construct a road to a cremation ground. The court directed the Collector to inquire into alleged grievances regarding necessity of the road and excavation of agricultural lands within six weeks.

What did the court decide?

Direction to Collector to inquire into the representation dated 04.05.2023, allow for public notice/hearing if required, and pass a reasoned order within six weeks.

Ranjita Mohanty Vs State of Odisha — Writ and Judicial Review | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.16871 of 2023

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Ranjita Mohanty & Others … Petitioners

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Mr. S.K. Pal, Advocate

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-Versus-

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State of Odisha & Others ... Opposite Parties

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Mr. J.P. Patnaik, Government Advocate

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CORAM:
JUSTICE S. TALAPATRA
JUSTICE SAVITRI RATHO
ORDER
04.07.2023

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Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).

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2. Heard Mr. S.K. Pal, learned counsel appearing for the petitioners.

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3. This is a Public Interest Litigation challenging the decision of the Government for construction of a road connecting the cremation ground. According to the petitioners, such road is absolutely unnecessary as there is one road in good condition connecting all the important places of the village. Another grievance that has been enumerated in the writ petition is that earth from the agricultural lands is being excavated for construction of the said road. The villagers whom the petitioners represent filed a representation to the District Collector, Balasore to stop the construction of the road in the village

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Bagda. According to Mr. Pal, learned counsel for the petitioners, no action has been taken on the said representation.

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4. We have heard Mr. J.P. Patnaik, learned Government Advocate who has seriously contradicted the statements made in the Public Interest Litigation, contending that on demand of the villagers, the administration has taken the initiative to construct the said road connecting the cremation ground.

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5. Be that as it may, we direct the Collector, Balasore to inquire into the grievances as expressed in the representation dated 04.05.2023. The petitioners are directed to furnish a copy of the said representation to the Collector within seven days from today. While taking the decision, if the Collector feels that the other villagers should be heard, he may issue a public notice for such hearing. The Collector shall pass a reasoned order in order to dispose of the said representation, preferably within a period of six weeks from the date of receipt of a copy of the representation and this order.

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6. In terms of the above, this writ petition stands disposed of.

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7. A copy of this order be supplied to Mr. J.P. Patnaik, learned Government Advocate forthwith.

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Urgent certified copy be granted on proper application.

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Signature Not Verified

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(Savitri Ratho) Judge

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Digitally Signed Signed by: ASISH KUMAR KAR Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Jul-2023 19:00:27

Ranjita Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ranjita Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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