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High Court of Orissa · body

2025 DAILYLAW 43159 (ORI)

DHARANIDHAR NANDA v. UNION OF INDIA

WP(C)/15483/2024 · 2025-02-19

Arindam Sinha Acj, M S Sahoo

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15483 of 2024 Dharanidhar Nanda and others …. Petitioners Represented by Adv.– Mr. S. B. Mohanty, Advocate -Versus- Union of India and others …. Opposite Parties Represented by Adv.– Mr. D. Gochhayat, CGC and Mrs. Suman Pattanaik, Additional Government Advocate CORAM: THE HON’BLE MR. JUSTICE ARINDAM SINHA, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE M.S. SAHOO Order No. ORDER 19.02.2025 06. 1. Mr. Mohanty, learned advocate appears on behalf of petitioners and submits, his clients are villagers, who are interested in protection of the notified monument being a temple. A boundary wall was constructed. He draws attention to complaint dated 15th May, 2024 made by Archaeological Survey of India (ASI) to the Inspector-in-Charge (IIC) identifying miscreants, who had broken the wall. No action has been taken for protection of the monument. He seeks interference. 2. Mrs. Pattanaik, learned advocate, Additional Government Advocate appears on behalf of State and submits, affidavit dated 8th January, 2025 has been filed. In it, there is clear statement of patrolling to provide security to the monument. Mr. Gochhayat, learned advocate, Central Government Counsel appears on behalf of Union of India taking up cause of ASI to submit, the wall was constructed and then broken. There be direction to provide security for repairing the wall. He seeks copy of said affidavit dated 8th January, 2025. 3. Mr. Mohanty in reply draws attention to section 30 in Ancient Monuments and Archaeological Sites and Remains Act, 1958 to submit, there is provision for imposing penalty. Appropriate direction be made upon State to bring to book the miscreants. 4. Copy of said affidavit dated 8th January, 2025 be served on Mr. Gochhayat. Petitioners and ASI have now in their possession statement on oath made by State functionary to effect, they are providing security. ASI will inform opposite party no.7 with copy to opposite party no.8 their work schedule for repairing the wall and proceed to do so. 5. Needless to mention, FIR stands registered and the wrong doing is to be investigated and brought to logical conclusion. 6. We, in accepting statements made in said affidavit dated 8th January, 2025, dispose of the writ petition on above directions. (Arindam Sinha) Acting Chief Justice (M.S. Sahoo) Judge M. Panda/Secy. A. Nanda/Jr. Steno Designation: Secretary