Disposed

Ganesh Mohapatra v. State of Odisha

Orissa HC19 Sept 2024WP(C)/22479/2024

Case brief

AI extract

What is this about?

A labourer residing on Gochar land in Bhubaneswar sought permission to stay and alternative settlement, alleging eviction threats by BDA and BMC authorities. The court held Gochar land cannot be settled in his favour, directed him to seek allotment from BMC via representation to be decided within 15 days, and restrained coercive action till then.

What did the court decide?

Direction to BMC to consider representation for house allotment within 15 days; interim protection from coercive action until disposal of representation.

Ganesh Mohapatra Vs State of Odisha — Landlord and Tenant | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 22479 of 2024

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Ganesh Mohapatra

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..…... Petitioner(s) Mr. Agasti Kanungo, Adv.

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-Versus-

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State of Odisha & Ors. ………. Opposite Parties Mr. Ch. S. Mishra, AGA

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

19.09.2024

Order No.

This matter is taken up through a hybrid arrangement.

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Heard.

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In filing this Writ Petition, the Petitioner seeks a direction from this Court to the Opposite Parties to allow him to stay in his residential house constructed over the land in question. Further, he seeks a direction from this Court to the Opposite Parties to arrange any other alternative for settlement and rehabilitation.

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Learned counsel for the Petitioner submits that the Petitioner is a labourer and he is residing over Plot No.6, Khata No.88

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Signature Not Verifiedmeasuring an area Ac.0.12 dec, Kisam Gochar of Mouza-

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Digitally Signed

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Signed by: LITARAM MURMU Designation: Personal Assistant Haripur Patna, Old Town Bhubaneswar since 1985. He further Reason: Authentication Location: High Court of Orissa Cuttack Date: 21-Sep-2024 17:02:39 submits that the Petitioner had approached the Authority of the BDA and the Bhubaneswar Municipal Corporation for

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settlement of the land in question in his favour. However, the said Authorities are threatening him to vacate the land in question. Hence, the Petitioner is constrained to approach this Court.

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In such view of the matter, this Court is of the view that since the land in question is Gochar land, the same cannot be settled in favour of the Petitioner. Accordingly, the Petitioner is directed to approach the Authority of the Bhubaneswar Municipal Corporation by way of a representation for allotment of a house. In such event, the said Authority shall dispose of the representation to be filed by the Petitioner within 15 days from the date of its filing in accordance with law.

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Till disposal of the representation to be filed, no coercive action shall be taken against the petitioner.

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Accordingly, the Writ Petition is disposed of.

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( Dr. S.K. Panigrahi)

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Judge

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Murmu

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 21-Sep-2024 17:02:39

Ganesh Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ganesh Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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