Gadadhar Muduli Vs State of Odisha

Signature Not Verified

Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: AR-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA C UTTA CK Date: 17-May-2024 14:58:05

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 2141 of 2024

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Gadadhar Muduli and others

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.... Petitioners Mr. Amitav Tripathy, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

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CORAM:

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JUSTICE K.R. MOHAPATRA ORDER

Order No.

16.05.2024

This matter is taken up through hybrid mode.

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Hard copy of the counter affidavit by Opposite Party No.4-Block Development Officer, Nayagarh filed in Court is taken on record.

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In this writ petition, grievance of the Petitioners is with regard to construction of Lausena Uppara Sahi Community Centre (Kotha Ghara) in front of their house situated over Plot No.174 under Khata No.89 to an extent of Ac.0.12 decimal in mouza Lausena under Nayagarh tahasil in the district of Nayagarh.

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Mr. Tripathy, learned counsel for the Petitioners submits that a Community Centre (Kotha Ghara) was existing over Plot No.175 under Khata No.310 to an extent of Ac.0.01 decimal in mouza Lausena under Nayagarh tahasil in the district of Nayagarh. The villagers by demolishing the old structure are making construction of Kotha Ghara unauthorizedly obstructing the access of the Petitioners situated over Plot No.174. It is submitted that Petitioners do not have any objection for

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: AR-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA C UTTA CK Date: 17-May-2024 14:58:05

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construction of Kotha Ghara on the land over which it was existing. But it is being constructed obstructing the access to the house of the Petitioners. Hence, this writ petition has been filed.

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Mr. Mishra, learned ASC, referring to the counter affidavit filed by Opposite Party No.4, submits that when the villagers came to know that a work order has been issued in favour of the Junior Engineer, Nayagarh Block for construction of Kotha Ghara, they themselves decided to renovate the existing community center in the said place by constructing a new one without waiting for formalities to be observed before initiation of work. The villagers themselves demolished the existing structure and started construction of a new one without release of fund and without even a layout by the competent authority for such construction. Mr. Mishra, learned ASC further submits that the site for construction of the Kotha Ghara has not yet been made final as per the geo-tagging, which is a condition precedent for initiation of work. The construction of Kotha Ghara, as alleged, has been made by the villagers out of their own village fund Thus, the construction of Kotha Ghara is completely illegal and unauthorized.

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In view of the above, this Court disposes of the writ petition with a direction that demarcation of the land shall be made by the Tahasildar, Nayagarh in presence of the Petitioners and Junior Engineer, Nayagarh block after geo-tagging and thereafter construction of the Kotha Ghara shall be made strictly following due procedure of law. BDO, Nayagarh block shall

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Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: AR-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA C UTTA CK Date: 17-May-2024 14:58:05

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take immediate steps to demolish the Kotha Ghara, which is being constructed by the villagers unauthorizedly.

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