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2023 DAILYLAW 466 (ORI)

SK. SIRAJUDDIN v. COLLECTOR, JAJPUR

WP(C)/21881/2023 · 2026-03-19

Chittaranjan Dash

body2023

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P(C) No. 21881 of 2023 Sk. Sirajuddin …. Petitioner Mr. C. Nayak, Advocate -versus- Collector, Jajpur & Others …. Opp. Parties Mr. S.K. Jee, AGA CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 19.03.2026 01. 1. By means of this application, the Petitioner seeks the following relief:- “The petitioner, therefore, prays that this Hon’ble court be graciously pleased to consider the facts above and the Writ application and after hearing the parties, the opposite parties No.1 may be directed to demolish over the construction made by the opposite party No.4 and 5 over the Plot bearing No.99 in Khata No.377 amounting Ac.0.193 decimals in Mouza of Unit No.l2, Pdmeswar, P.S./Dist.- Jajpur in Kisam Jalasaya without converting into Gharabari and violating the Municipality Rule within specific time limit fixed by this Hon’ble Court and may be pleased to direct the opposite parties not to proceed with further construction till the final disposal of the case;” 2. It is submitted at the Bar that the land in question, the kisam whereof is recorded as ‘Jalasaya’ has not been converted to ‘Gharabari’ and is being used for other purposes p. 2 in violation of the Municipal Rules. Accordingly, learned counsel for the Petitioner seeks a direction to the Municipality, i.e., the Executive Officer, Jajpur Municipality, as well as the Tahasildar, Jajpur Sadar Tahasil, to verify the nature of the land and prevent the private Opposite Parties from proceeding with any construction without obtaining proper permission from the competent authority. Considering the same, Opp. Party Nos.2 & 3, namely the Tahasildar, Jajpur, Sadar Tahasil, and the Executive Officer, Jajpur Municipality, respectively are directed to examine the allegations, made in the Petition, which forms part of this order and to deal with in accordance with law and dispose of the matter within a period of one month, giving opportunity of being heard to the interested parties with proper notice. 3. Learned counsel for the Petitioner seeks for the copies of the brief, which may be provided to him in soft copy by the Court Master. 4. Accordingly, the Writ Petition stands disposed of. (Chittaranjan Dash) Judge Sarbani Designation: Junior Stenographer