Mali Sahoo Vs State of Odisha

Instant writ petition is filed by the petitioner for a direction to the opposite parties and in particular, opposite party No.5 to prevent any such construction of a Community Centre over the schedule land i.e. Plot No.86, Khata No.82 of the Mouza in question on the grounds stated therein.

Learned counsel for the petitioner would submit that there is no surplus Gochar land available and hence, with the removal of encroachment in the meantime, any such construction of a Community Centre at the behest of the opposite parties would subject the petitioner to immense hardship as there is no alternate road or passage available for him to use and utilize.

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Mr. Rout, learned AGA for the State submits that there is alternate road/passage available for the petitioner to access to the main road, hence, he would not be affected or in any way prejudiced on account of the construction, which is to come up over the schedule land.

The grievance petition i.e. Annexure-4 is stated to be pending consideration of opposite party No.4.

Having regard to the grievance of the petitioner, which is on the premise that there is no surplus Gochar land available in the locality and that apart, construction of Community Centre is likely to affect him immensely, the Court is of the view that such grievance is required to be duly examined by opposite party No.4 before any such construction is taken up over the same.

In the result, the writ petition stands disposed of with a direction to opposite party No.4 to consider the representation i.e. Annexure-4 received by him in the meantime as made to reveal from Annexure-5 and thereafter, providing an opportunity of personal hearing, to take a final decision thereon at the earliest preferably within a period of six weeks from the date of receipt of a copy of this order and till such time, in case the encroachment is removed, to defer the construction of the Community Centre.

Signature Not Verified

Digitally Signed Signed by: BALARAM BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CTC Date: 15-Apr-2024 16:49:20

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Mali Sahoo v. State of Odisha