The High Court of Orissa disposed of a writ petition challenging a demolition notice issued during pendency of a prior claim. The court held the petition infructuous as the earlier order was duly complied with, liberty to challenge a subsequent rejection.
Petition disposed as infructuous with liberty to challenge the rejection order dated 16.09.2013.
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 W.P.(C) No.4189 of 2013
Rajani Kanta Swain
Petitioner
-versus-
State of Odisha & Others
…. Opp. Parties
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order
17.02.2023
No
1. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard Mr. L. Kanungo, learned counsel for the Petitioner. Mr. Ramakanta Mohanty, learned Senior Counsel along with Ms. Sumitra Mohanty, learned counsel appearing on behalf of Opp. Party No.5 and Mr. Sanjib Ku. Swain, learned counsel appearing for Opp. Party N0.4.
3. The Present writ petition has been filed challenging the notice of demolition issued by Opp. Party No.4 during pendency of the claim before the authority in terms of the order passed by this Court in W.P.(C ) No.13698 of 2006. It is contended that since without complying the order passed by this Court in the aforesaid writ petition, the impugned notice of demolition was issued, the Petitioner was constrained to approach this Court.
4. Learned Additional Standing Counsel on the other hand contended that claim of the Petitioner in terms of the order dtd.12.02.2007 passed in W.P.(C ) NO.13698
// 2 //
of 2006 was duly considered by the Government in G.A. Department and his claim has been rejected vide order dated 16.09.2013 vide Annexure-A/1. Since the order passed by this Court in W.P.(C ) No.13698 of 2006 has been duly complied with, the prayer as made in the Writ Petition has become infrucutous.
5. Therefore, while disposing the Writ Petition as infructuous, this Court grants liberty to the Petitioner to challenge the order dated 16.09.2013, if the Petitioner so likes.
6. The Writ Petition is disposed of.
(Biraja Prasanna Satapathy)
Judge
Sangita
Page 2 of 2
2 issues framed by the court
Whether the writ petition challenging a demolition notice is maintainable in light of compliance with a prior court order.
Whether a writ petition becomes infructuous after the underlying claim is rejected by the government in accordance with prior court orders.
Rajani Kanta Swain
State of Odisha
Biraj Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
