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2025 DAILYLAW 47166 (ORI)

SARAT CHANDRA DHAL v. STATE OF ODISHA

WP(C)/19230/2022 · 2025-08-19

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.19230 of 2022 Sarat Chandra Dhal & Ors. …. Petitioners Represented By Adv. Mr. Bipin Kumar Nayak -versus- State of Odisha & Ors. …. Opposite Parties Represented By AGA Mr. Bibekananda Nayak CORAM: DR. JUSTICE SANJEEB K. PANIGRAHI Order No. ORDER 19.08.2025 W.P.(C) No.19230 of 2022 With W.P.(C) No.18076 of 2023 21. 1. Both the matters are taken up through hybrid arrangement. 2. The Petitioners have filed this Writ Petition seeking a direction from this Court to the Opposite Parties for implementation of the order dated 23.12.2019 passed by the Deputy Commissioner-cum-Authorized Officer, (ODA Court), B.M.C., Bhubaneswar for demolition of construction raised over the Government land. 3. Heard. 4. Learned counsel for the Petitioners submits that since the nature and character of the land was not clear before the Deputy Commissioner-cum-Authorized Officer, (ODA Court), B.M.C., Bhubaneswar, hence, the order dated 23.12.2019 passed by the Deputy Commissioner- cum-Authorized Officer, (ODA Court), B.M.C., Bhubaneswar is blurred with certain errors. Hence, the petitioners pray for remittance of the matter back to the Deputy Commissioner-cum-Authorized Officer, (ODA Court), B.M.C., Bhubaneswar under the ODA Act for fresh adjudication of the matter with presentation of all the documents pertaining to the subsequent development of the matter vide UAP Case No.388 of 2018. 5. Considering the facts and submissions made and since the Petitioners have not been able to demonstrate some documents pertaining to the ownership of the property, as the said documents were not available at the time of hearing of the case, hence, the impugned order dated 23.12.2019 passed by the Deputy Commissioner-cum- Authorized Officer, (ODA Court), B.M.C., Bhubaneswar is set aside. The matter is remitted back to the said authority. The Deputy Commissioner-cum-Authorized Officer, (ODA Court), B.M.C., Bhubaneswar shall hear the matter giving an opportunity of hearing to all the Parties including the Petitioners in the First Case i.e. W.P.(C) No.19230 of 2022 and pass a reasoned order in accordance with law. 6. It is made clear that the Deputy Commissioner-cum- Authorized Officer, (ODA Court), B.M.C., Bhubaneswar shall complete the exercise within a period of four weeks from the date of presentation of a certified copy of this order. 7. Accordingly, the both the Writ Petitions are disposed of. (Dr. Sanjeeb K. Panigrahi) Judge Sumitra