Kamala Kanta Nayak v. State of Odisha

Orissa HC15 May 2024WP(C)/10917/2024

Case brief

AI extract

What is this about?

Public Interest Litigation; illegal encroachment; public land; village passage blocked; Hal Plot No.423; Hal Khata No.362; Sabik Plot No.1789; Sabik Khata No.536; Village Dubakana; Revenue Village Nuapatna; PS Mangalpur; Dist. Jajpur; State of Odisha; pursue grievance before appropriate authority; Trinath Panda; 2024 (I) ILR-CUT-396; writ petition disposed of. Bench: Chief Justice Chakradhari Sharan Singh with Justice Murahari Sri Raman; Order dated 15.05.2024.

What did the court decide?

Petitioners granted liberty to pursue their grievance before the appropriate authority in accordance with law; no enquiry was directly ordered and the writ petition was disposed of. ¶¶16

Kamala Kanta Nayak Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioners granted liberty to pursue their grievance before the appropriate authority in accordance with law; no enquiry was directly ordered and the writ petition was disposed of.

¶¶16

Issue for consideration

Whether the Court should direct Opposite Party No. 2 to cause an enquiry into the grievances of villagers regarding alleged illegal encroachment over public land (Hal Plot No. 423, Hal Khata No. 362; Sabik Plot No. 1789, Sabik Khata No. 536) blocking the village passage at Village Dubakana, Revenue Village Nuapatna, PS Mangalpur, Dist. Jajpur, and take action as per law.

¶¶13

Court's answer

In light of this Court's earlier decision in Trinath Panda v. Commissioner-cum-Secretary, Health & Family Welfare Department, Government of Odisha & Others (2024 (I) ILR-CUT-396), the Court granted the petitioners liberty to pursue their grievance before the appropriate authority in accordance with law, rather than itself adjudicating the encroachment complaint.

¶¶14

Ratio / Principle

The writ petition stands disposed of with the aforesaid observations.

¶¶16

Detailed headnote1 paragraphs

PIL disposed of — W.P.(C) No.10917 of 2024 (High Court of Orissa at Cuttack, Order dated 15.05.2024; Chakradhari Sharan Singh, Chief Justice and M.S. Raman, Judge): Petitioners raised grievance in the nature of a Public Interest Litigation seeking direction to Opposite Party No. 2 to enquire into and act upon alleged illegal encroachment over public land (Hal Plot No. 423, Hal Khata No. 362; corresponding Sabik Plot No. 1789, Sabik Khata No. 536) blocking the village passage at Village Dubakana, Revenue Village Nuapatna, PS Mangalpur, Dist. Jajpur. Without adjudicating the complaint, and citing this Court's own earlier decision in Trinath Panda v. Commissioner-cum-Secretary, Health & Family Welfare Department, Government of Odisha & Others, 2024 (I) ILR-CUT-396, the Court disposed of the writ petition granting the petitioners liberty to pursue their grievance before the appropriate authority in accordance with law.

Kamala Kanta Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kamala Kanta Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

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