IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 2410 of 2024
Nanda Kishore Dwivedi Petitioner
…..
Mr. B.S. Panigrahi, Advocate
Vs.
State of Odisha and others Opposite Parties
…..
Mr. B. Mohanty, AGA
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE G. SATAPATHY
ORDER
29.02.2024
Order No. This matter is taken up by hybrid mode.
02.
2. Heard Mr. B.S. Panigrahi, learned counsel appearing for the
petitioner and Mr. B. Mohanty, learned Additional Government
Advocate appearing for the State-Opposite Parties.
3. The petitioner has filed this writ petition with the following
prayer:
It is, therefore, prayed that your Lordships may
“
graciously be pleased to admit the writ petition, call for
the records, issue Rule NISI in the nature of Writ of
Certiorari/Mandamus calling upon the Opp. Parties to
show cause as to why no construction shall be made by
them over the land in question belonging to the petitioner
as reflected in the R.O.R vide Annexure-1 without
initiating appropriate proceeding under the Act and
compensating the petitioner in pursuant to the letter
dtd.03.11.2023 vide Annexure-3;
And in the event, the Opp. Parties fail to show cause or
show insufficient cause the said Rule be made absolute,
the Opp. Party authorities be directed not to make any
construction over the land in question belonging to the
petitioner as reflected in the R.O.R vide Annexure-1
without initiating appropriate proceeding under the Act
and compensating the petitioner in pursuant to the letter
Page 1 of 2
dtd.03.11.2023 vide Annexure-3. .
”
4. In course of hearing, learned counsel appearing for the
petitioner states that the petitioner may be permitted to file a fresh
representation before Opposite Party No.3, and the same may be
directed to be disposed of within a stipulated time, to which learned
Counsel for the State has no objection.
5. As agreed by learned counsel for the parties and after going
through the records, this Court, without expressing any opinion on
the merits of the case, disposes of the Writ Petition directing the
petitioner to file a fresh representation before Opposite Party No.3.
In the event, the petitioner files such representation, opposite party
no.3 shall consider and pass appropriate order as early as possible
within a period of three months from the date of production of
certified copy of this order.
(DR. B.R. SARANGI)
JUDGE
(G. SATAPATHY)
JUDGE
Subhasmita
Signature Not Verified
Digitally Signed
Signed by: SUBHASMITA DAS
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 01-Mar-2024 16:21:00
Page 2 of 2