Disposed

Narendra Panda v. State of Odisha

Orissa HC19 Jul 2023WP(C)/20137/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging a rejected rehabilitation order. While declining to interfere with the rejection of Math rehabilitation, it granted liberty to the petitioners to submit a representation for relocating Pithas to available Government land and stayed demolition pending such submission.

What did the court decide?

Liberty to submit representation for relocation of Pithas to Government land; stay on demolition of structures pending said submission.

Narendra Panda Vs State of Odisha — Property and Title | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P. (C) No.20137 of 2023

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Narendra Panda & Another

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Petitioners

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Mr.A.K.Behera, Advocate

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-Versus-

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State of Odisha& Others

…. Opposite Parties

Mr.YSP Babu, AGA

CORAM:

MR. JUSTICER.K. PATTANAIK

ORDER

Order No.

19.07.2023

Heard learned counsel for the petitioners and Mr. Babu, learned AGA for the State-opposite parties.

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Instant writ petition is filed by the petitioners assailing the impugned order under Annexure-5 passed by opposite party No.2 whereby their grievance for rehabilitation of ‘Alekha Sunyabrahma Math’ and ‘Samadhi Pithas’ situate since last sixty years has been rejected.

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Learned counsel for the petitioners submits that at least the ‘Samadhi Pithas’ may be relocated over any Government land,for which, necessary direction may perhaps be issued notwithstanding the impugned order under Annexure-5. It is submitted that Government lands are available near the said Mathand therefore, no difficulty would arise in case of relocation and opposite party No.2 may be accordingly directed. In reply, Mr. Babu, learned AGA for the State opposite parties submits that such grievance was considered by opposite party No.2 and rejected vide Annexure-5 which was in relation to rehabilitation of the concerned Math. In fact, it has been drawn to the notice of theCourt that the petitioners

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had earlier approached this Court in W.P.(C) No. 41529 of 2021 which was disposed of with a direction to consider their representation. It is also claimed that the petitioners again knocked the doors of this Court in W.P. (C) No. 15371 of 2023 and direction was issued for early disposal of Misc. Case No. 55 of 2023 which was pending by then within a stipulated period of time. Hence, it is contended by Mr. Babu, learned AGA for the State opposite parties that as the grievance of the petitioners have been considered and disallowed, no further direction is necessary in the instant case.

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Admittedly, the petitioners had approached in W.P.(C) No. 41529 of 2021 and recently, in W.P.(C) No. 15371 of 2023, wherein, opposite party No.2 was directed to consider the representation and dispose of Misc. Case No. 55 of 2023, consequent upon which, impugned order under Annexure-5 has been passed. In fact, opposite party No.2 considered the grievance of the petitioners and was not inclined in favour of rehabilitation of Alekha Sunyabrahma Math. Furthermore, opposite party No.2 directed eviction of the petitioners and demolition of the structures standing over the case land while disposing of Misc. Case No. 55 of 2023. The Court even though does not find any merit and not inclined to interfere with the impugned order under Annexure-5 but considering the limited prayer made in course of hearing at least to relocate the Pithas at some other place, it is of the considered view that the petitioners should be allowed the liberty to once again request opposite party No.2 with a representation submitted for the said purpose. The Court is to clarify that it shall not be in respect of rehabilitation of Math but only relocation of Pithas to any other Government plot, if it is otherwise available and permissible under law.

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Accordingly, it is ordered.

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In the result, the writ petition stands disposed of with the liberty allowed to the petitioners submit a representation for relocation of Pithas at any other suitable location of Government plot subject to its availability and permissible according to rules and in the event any such request is received from them, opposite party No.2after providing an opportunity of hearing shall pass order as soon as possible preferably within a period of six weeks from the date of receipt of a copy of this order and till such time, not to demolish the standing structures situate over the case land.

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Kabita/Roji

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A certified copy of this order be granted as per rules.
(R.K. Pattanaik)
Judge

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Signature Not Verified

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Digitally Signed Signed by: KABITARANI MAJHI Designation: Secretary Reason: Authentication Location: OHC, Cuttack Date: 20-Jul-2023 19:56:43

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Narendra Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Narendra Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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