Allowed

Duryadhan Baral v. State of Odisha

Orissa HC12 Apr 2024WP(C)/6543/2024

Case brief

AI extract

What is this about?

Single judge allowed the writ petition in a land demarcation dispute, directing the local authority to examine a fresh representation filed by the petitioner within two weeks and maintain status quo on the affected plots.

What did the court decide?

Direction to the local authority to dispose of the fresh representation within two weeks after a personal hearing, and to maintain status quo regarding the plots.

Duryadhan Baral Vs State of Odisha — Land Acquisition | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.6543 of 2024

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Duryadhan Baral

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…. Petitioner

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Mr. B. Mansingh, Advocate

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-Versus-

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State of Odisha & Others

Opposite Parties

Mr. D.K. Behera, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK ORDER

12.04.2024

Order No.

Heard Mr. Mansingh, learned counsel for the petitioner and Mr. Behera, learned ASC for the State opposite parties.

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Instant writ petition is filed by the petitioner for a direction to opposite party No.1 for early disposal of representation i.e. Annexure-2.

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In course of hearing, Mr. Mansingh, learned counsel for the petitioner would contend that local authority issued a notice for demarcation of the plots in question fixed to 26^th August, 2022 without any notice to the petitioner, whereafter, representation i.e. Annexure-2 was submitted. It is further contended that Plot Nos.2197 and 1887 under Khata No.602/314 situate in Mouza-Nachuni stand settled with the petitioner. It is claimed that Plot No.2197 is a road. It is alleged that without any such prior intimation and notice, the alleged demarcation was held on 6^th March, 2024. It is further claimed that the demarcation was carried out in absence of the petitioner notwithstanding the fact that both the plots are settled with him and while stating so, he refers to a copy of the RoR as at Annexure-3.

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Page 1 of 2

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Recorded the submission of Mr. Behera, learned ASC for the State and he requests for a direction to the authorities below to examine the claim on a fresh representation by the petitioner.

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Since there has been a demarcation already held on 6^th March, 2024, considering the grievance of the petitioner, which is with respect to all the three plots, two of which are settled with him and as such grievance is of the year 2022, the Court is of the view that worthy purpose would be served if the petitioner is allowed to approach opposite party No.1 with a fresh representation for its examination within a stipulated period vis-à-vis the interest of the petitioner alleged to be severely affected due to the demarcation dated 6^th March, 2024 held in his absence.

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Hence, it is ordered.

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In the result, the writ petition stands disposed of with the liberty allowed in favour of the petitioner to submit a fresh representation addressed to opposite party No.3 which shall be filed within a fortnight from today and in the event, the same is received from him within the above stipulated period, it shall be entertained by the said authority and after providing an opportunity of personal hearing, to take a decision thereon in accordance with law at the earliest preferably within next two weeks and till such time, to maintain status quo in respect of the alleged plots.

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Urgent certified copy of this order be issued as per rules.

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(R.K. Pattanaik) Judge

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Tudu Signature Not Verified

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Digitally Signed Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC Date: 15-Apr-2024 13:48:25

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Page 2 of 2

Duryadhan Baral v. State of Odisha

Case brief

What is this about?

What did the court decide?

Duryadhan Baral v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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