Petitioner challenged a kiosk allotment to her husband. The court noted police notice for unauthorized structures. It held no order needed as family members cannot be separately entitled.
Vacation of interim order and disposal of the writ petition.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.4407 of 2024
Suchitra Samantaray ..... Petitioner Represented by Adv.Mr. Srinivas Mohanty, Advocate Ms. K. Patra, Advocate -versus- State of Odisha and others ..... Opposite Parties Represented by Adv.Mr. A.K. Sharma, AGA (for O.P. nos.1 & 2) Mr. N. Panda, Advocate (for O.P. no.3)
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA AND
THE HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
07.05.2024
Order No.
03. 1. Mr. Panda, learned advocate appears on behalf of opposite party no.3 and draws attention to order dated 28th March, 2024 in reiteration of his submission that there has been rehabilitation and resettlement on husband of petitioner allotted a kiosk. The wife has put up unauthorized temporary structure, notified by the police for
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removal. He submits, multiple persons in the same family are not entitled for allotment.
2. Mr. Mohanty, learned advocate appears on behalf of petitioner and submits, his client is a person independent of her husband and entitled to run her own business. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State.
3. Removal of unauthorized temporary structure has been notified by the police. We are glad Bhubaneswar Municipal Corporation (BMC) has allotted a kiosk for husband of petitioner. The allotment carries a term of multiple persons in same family as not being eligible. In the circumstances, no order can be made.
4. The interim order is vacated. The writ petition is disposed of.
(Arindam Sinha) Judge
(M.S. Sahoo) Judge
dutta/Jyostna
Signature Not Verified
Digitally Signed Signed by: AJIT KUMAR DUTTA Reason: Authentication Location: ohc Date: 08-May-2024 13:41:38
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Suchitra Samantaray
State of Odisha
Arindam Sinha
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
