Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2246 of 2019
Mamata Jena …. Petitioner Represented By Adv. Mr. Jaydeep Pal, Adv. and associates
-versus-
State of Odisha and others …. Opposite Parties Represented By Adv. Mr. Bibekananda Nayak, AGA.
CORAM:
DR. JUSTICE SANJEEB K. PANIGRAHI
Order No.
ORDER 13.08.2025 W.P.(C) No.2246 of 2019 and I.A. No.1917 of 2019
14.
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The present Writ Petition has been filed inter alia with the following prayer:-
“It is, therefore, prayed that in the facts and circumstances stated above and in the interest of justice, this Hon’ble Court may be graciously pleased to issue appropriate writ(s) /direction(s): (i) Directing the Opp. Parties that no portion of the land and residential building standing over Khata No.309/243, Plot No. 289/1374, measuring an area of Ac.0.090 dec. kissamgharabari, in Mouza-Cuttack
Sahara Unit No.8 Dakshina Tulsipur, with passage is affected by work under JICA project without following due process of law; (ii) Direct the Opp. Parties that if it is so required then toconstitute a Technical Expert Committee to find out alternative way to complete the work without causing damage in any manner to her residential building;
(iii) And/or, in the alternative, restrain the Opp. Parties No.3 to 8 from demolishing any portion of the land and residential building standing over Khata No.309/243, Plot No. 289/1374, measuring an area of Ac.0.090 dec., in Mouza-Cuttack Sahara Unit No.8 Dakshina Tulsipur, till a decision is taken by the Opp. Party No.2 on Annexure-4 of the petitioner; And, pass any such other order(s), issue such other Writ(s)/direction(s) as this Hon’ble Court may deem just and proper; ”
4. Learned counsel for the petitioner submits that the petitioner seeks to challenge the illegal action of the Opp. Parties in taking steps to demolish the front portion of the residential building and other construction appertaining to the said building standing over Khata No. No.309/243, Plot No. 289/1374, measuring an area of Ac.0.090 dec. kissam-gharabari, in Mouza-Cuttack Sahara Unit No.8 Dakshina, Tulsipur. He further submits that the Petitioner had made a representation before the Opposite
Party No.2/ the Chairman, Project Monitoring Committee, Revenue Divisional Commissioner, Central Division, Cuttack on 25.01.2019. However, the Opposite Party No.2/ the Chairman, Project Monitoring Committee, Revenue Divisional Commissioner, Central Division, Cuttack refused to accept his representation and consider the same. Hence, the Petitioner is constrained to approach this Court.
5. Considering the facts and submissions made by the
learned counsel for the Petitioner, without going into the merit of the claim of the Petitioner, this Court directs the Petitioner to present a fresh representation before the the Opposite Party No.2/ the Chairman, Project Monitoring Committee, Revenue Divisional Commissioner, Central Division, Cuttack ventilating his grievance within two weeks from today. In such event, the Opposite Party No.2/ the Chairman, Project Monitoring Committee, Revenue Divisional Commissioner, Central Division, Cuttack shall take a decision thereon and dispose of the representation to be filed by the Petitioner within a period of four weeks thereafter.
Till a decision on the representation of the Petitioner is taken by the Opposite Party No.2/ the Chairman, Project Monitoring Committee, Revenue Divisional Commissioner, Central Division, Cuttack, no coercive action shall be taken against the Petitioner.
6. Accordingly, the Writ Petition along with the I.A. stand
disposed of.
7. Interim order, if any, passed earlier stands vacated.
(Dr. Sanjeeb K. Panigrahi) Judge Sisir Designation: Personal Assistant