Disposed¶8

Guru Charan Maharana v. State of Odisha

Orissa HC20 Feb 2025WP(C)/5210/2025

Case brief

AI extract

What is this about?

Guru Charan Maharana v. State of Odisha & Ors., W.P.(C) No.5210 of 2025, High Court of Orissa at Cuttack, order dated 20.02.2025, Dr. Justice S.K. Panigrahi; demolition proceeding over case land; representation dated 11.02.2025 (Annexure-3); Tahasildar, Nischintakoili; fresh representation within three working days; disposal within five days; no coercive action till disposal; writ petition disposed.

What did the court decide?

Liberty to file a fresh representation before the concerned authority within three working days from presentation of a certified copy of the order; the concerned authority directed to dispose of the representation within five days from filing; and interim protection that no coercive action shall be taken against the Petitioner till the representation is disposed of. ¶8

Guru Charan Maharana Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Opposite Parties should be directed to stop demolition proceedings over the case land by disposing of the Petitioner's representation dated 11.02.2025 pending before the Tahasildar, Nischintakoili. +1 more

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Court's answer

Considering the submission of learned counsel for the Petitioner, liberty was granted to the Petitioner to file a fresh representation before the concerned authority redressing his grievance within three working days from the date of presentation of a certified copy of the order.

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Ratio / Principle

The concerned authority (Tahasildar, Nischintakoili) is directed to dispose of the representation to be filed by the Petitioner within five days from the date of filing of the representation.

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Key takeaways

No coercive action shall be taken against the Petitioner till the representation is disposed of by the concerned authority.ratio¶7

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.5210 of 2025, High Court of Orissa at Cuttack, order dated 20.02.2025, Dr. Justice S.K. Panigrahi): The Petitioner sought a direction to the Opposite Parties to stop demolition proceedings over the case land and to dispose of his representation dated 11.02.2025 pending before the Tahasildar, Nischintakoili. Observing that the Petitioner had come without challenging any impugned order (having filed only photographs), the Court granted liberty to file a fresh representation before the concerned authority within three working days from presentation of a certified copy of the order, directed the concerned authority to dispose of it within five days from filing, and ordered that no coercive action be taken against the Petitioner till the representation is disposed of. The Writ Petition was disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5210 of 2025

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Guru Charan Maharana

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…. Petitioner

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Represented By Adv. Mr. Ashok Kumar Sarangi

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-versus-

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State of Odisha & Ors.

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…. Opposite Parties Represented By AGA Mr. Saswat Das

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

Order

ORDER 20.02.2025

No.

1 . This matter is taken up through hybrid arrangement.

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2. Heard learned counsels for the Parties.

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3. The Petitioner has filed this Writ Petition seeking a direction from this Court to the Opposite Parties to stop demolition proceeding over case land vide Annexure-1

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by disposing the representation dated 11.02.2025 vide Annexure-3 which is pending before the learned Tahasildar, Nischintakoili.

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4. During course of hearing, learned counsel for the Petitioner submits that before approaching this Court, the Petitioner has already ventilated his grievance before the Tahasildar, Nischintakoili/Opposite Party No.3 vide

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Page 1 of 2

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// 2 //

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Annexure-3 on 11.02.2025. He further submits that the said grievance of the Petitioner is still pending.

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5. He, accordingly, prays that a direction may be issued to the Tahasildar, Nischintakoili/Opposite Party No.3 for considering the said grievance of the Petitioner.

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6. Since the Petitioner has come without challenging any impugned order, he has just filed the photograph which cannot be turned into impugned order. However, considering the submission of the learned counsel for the Petitioner, the Petitioner has granted liberty to file fresh representation before the concerned authority by redressing his grievance within a period of three working days from the date of presentation of a certified copy of this order. The concerned authority shall dispose of the representation to be filed by the Petitioner within a period of five days from the date of filing of the representation.

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7. It is directed that no coercive action shall be taken against the Petitioner till the representation is disposed of by the concerned authority.

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8. This Writ Petition is, accordingly, disposed of.

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Signature Not Verified

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Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 25-Feb-2025 15:28:49

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(Dr. S.K. Panigrahi)

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Judge