Suresh Kumar Kataruka v. State of Odisha
Case brief
What is this about?
encroachment removal public road; Bargarh Municipality notices dated 20th February 2024; fifteen days to vacate failing removal without further notice; Section 254 Odisha Municipality Act; Rule 206 Odisha Municipality Rules; show cause hearing; consideration of objections before demolition; due process statutory compliance; Executive Officer bounden duty immediate decision; Akash Kumar Agrawal W.P.(C) No.24066 of 2023; Trinath Panda W.P.(C) No.3385 of 2024; Ratnakar Sahani AIR 1987 Ori 194; Prakash Chandra Padhi 2006 (I) OLR 419; Section 133 Cr.P.C.; Justice R.K. Pattanaik; High Court of Orissa at Cuttack; order dated 04.03.2024; writ petitions disposed.
What did the court decide?
All the writ petitions stand disposed of with the Court's observations and directions: (i) petitioners yet to respond may reply/offer explanation or submit a copy of the writ petition with all annexures to be treated as a response; (ii) after decision on and intimation of the show cause/objection, further course of action follows; (iii) the Executive Officer, Bargarh Municipality is to act within reasonable time (about a week or two) after disposing of the grievances received, as a breathing space for occupants, who may meanwhile avail the other remedy allowed in Akash Kumar Agrawal (W.P.(C) No.24066 of 2023); (iv) the order to be uploaded at once on the Courts' website on the lead case W.P(C) No. 4496 of 2024 for convenience of all petitioners.