HIGH COURT OF ORISSA AT CUTTACK W.P.(C)…
Writ petition disposed of as infructuous; liberty granted to challenge the rejection order dated 16.09.2013.
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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4190 of 2013
Giridhari Ojha @Maharana
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
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the order dated12.02.2007 passed in W.P.(C ) NO.13698 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.
Sangita
Page 2 of 2
Giridhari Ojha @Maharana
State of Odisha
Biraj Prasanna Satapathy
As recorded by the court registry
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