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2013 DAILYLAW 547 (ORI)

CITY TRADE ARCADE v. STATE and ORS.

WP(C)/4580/2013 · 2026-03-30

Biraja Prasanna Satapathy

Writ Petition (Civil)body2013

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4580 of 2013 City Trade Arcade Pvt. Ltd., Cuttack …. Petitioner Mr. P.K. Rath, Sr. Advocate with Mr. A. Behera, Advocate -versus- State of Odisha & Others …. Opp. Parties Mr. A. Tripathy, AGA Mr. B.K. Dash, Sr. Adv. with Mr. S.R. Dash, Advocate for O.P. No.3 CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 30.03.2026 06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. On the oral prayer made by the learned Senior Counsel appearing for the Petitioner, he is permitted to implead the Collector, Cuttack as Opp. Party No.4 in Court. 3. Heard learned counsel for the Parties. 4. Petitioner has filed the present Writ Petition with the following prayer:- “Under the aforesaid facts and circumstances of the case, the Petitioner prays that this Hon’ble Court be graciously pleased to admit this writ application, issue a Rule Nisi calling upon the opposite party to show cause as to why:- i) The order dated 27.07.2012 passed by the Commissioner of Police in Electricity Case No.2/11 shall not be set aside and ii) The entire action of the opposite party in trying to draw electricity line of 220 KV from the existing 220 /130 Grid Station Bidanasi to the Grid station Poporada (Nuapada, Cuttack) and construct pillars, structures and towers —_ over the land belonging to the petitioner shall not be held to be illegal, arbitrary and without following the due process of law. (iii) And to further restrain the Opposite Parties not to construct and stringing the electric line inside the land in question. (iv) And / or grant such other reliefs as may be deemed fit and proper in the interest of justice.” 5. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a detailed representation before Opp. Party No.4 by enclosing all the relevant documents and citations in support of its claim, if any, within a period of two weeks hence. 6. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.4 shall do well to take a lawful decision on the same within a period of four weeks from the date of receipt of such representation. The order so passed by the Opp. Party No.4 be communicated to the petitioner within the aforesaid time period. 7. With the aforesaid observation and direction, the Writ Petition is disposed of. (Biraja Prasanna Satapathy) Judge Basudev