Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 13571 of 2025
Bairagi Charan Nayak …. Petitioner
Mr. Gokulananda Parida, Advocate -versus- State of Odisha & others …. Opp. Parties
Mr. Partha Sarathi Nayak, Additional Government Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE S.S. MISHRA
Order No.
ORDER 13.05.2025
01.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.
This writ petition has been filed by the petitioner Bairagi Charan Nayak with the following prayer:-
“It is therefore, prayed that this Hon’ble Court may graciously be pleased to admit this writ application, issue Rule NISI in the nature of a writ of mandamus/certiorari calling upon the opposite parties, specifically opposite party no.3 i.e., The Collector-cum-District Magistrate, Cuttack as to why he shall not be
directed to stop the construction over the p. 2 petitioners’ land till the completion of the acquisition of his land by providing fair compensation to the petitioner, with due process of la. And if the opposite parties fail to show cause or show insufficient cause, the said Rule be made absolute and the opposite party no.3, i.e., The Collector-cum-District Magistrate, Cuttack, be directed to stop the construction over the petitioners’ land till the completion of the acquisition of his land by providing fair compensation to the petitioner, with due process of law.”
Learned counsel for the petitioner submits that highlighting the grievances of the petitioner a representation under Annexure-4 series has been submitted on 04.05.2025 before the Collector-cum- District Magistrate, Cuttack, but the petitioner has not received any response from the authority and therefore, the authority may be directed to consider the representation in accordance with law.
Learned counsel for the State has no serious objection to such prayer. Considering the limited nature of grievance of the petitioner, while not expressing any opinion on the merits of the representation, we direct the opposite party no.3- Collector-cum-District Magistrate, Cuttack, to consider the representation dated 04.05.2025 of the petitioner in accordance with law, if necessary to give opportunity of hearing to the petitioner and p. 3 within a period of three months from the date of production of certified copy of this order and communicate the result thereof to the petitioner within a period of two weeks from taking a decision. Accordingly, the writ petition is disposed of.
( S.K. Sahoo) Judge
( S.S. Mishra) Judge Ashok/Swarna
Designation: Senior Stenographer