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2025 DAILYLAW 51184 (ORI)

ARJUN PARIDA v. THE COLLECTOR AND DM, JAJPUR

WP(C)/25507/2021 · 2025-04-22

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 25507 of 2021 Arjun Parida & Ors. ..... Petitioners Mr. D.P. Dash, Advocate -versus- The Collector And D.M., Jajpur & Ors. ..... Opposite Parties Mr. S. Das, ASC CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 22.04.2025 Order No. 02 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties. 3. Petitioner has filed the present writ petition inter alia with the following prayer:- “In view of the above noted facts and circumstances, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to; 1) Admit this Writ Petition; ii) Call for Records; iii) Issue Rule 'Nisi' calling upon the O. P Nos. 3 and 4 to show cause as why the impugned auction notice dated 07-08-2021 under Annexure 3 issued by the O. P No. 3- Sarpanch of Neulpur Gram Panchayat shall not be quashed/set aside and interfered with by this Hon'ble Court. If the O. Ps show no cause or in-sufficient the said Rule may be made absolute. And, may kindly be pleased to issue appropriate writ/s in the nature of mandamus or any other appropriate Page 2 of 2. form/s, directing the O. Ps and their authorities not to evict and vacate the petitioners from their respective shop rooms of "Balibiri Market Complex' of Neulapur G. P and allow the petitioners to retain the said 11 Nos. of shop rooms by paying of their early rental amount to the G. P- O. P No. 4. Also, may be pleased to issue any appropriate writ/s, and / or pass any order/s, direction/s, as may deem just and proper for the ends of justice. And for such act of kindness the petitioners as in duty bound shall ever pray.” 4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No. 2 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of ten (10) days hence. 5. It is observed that if such representation is filed within the aforesaid time period, Opp. Party No. 2 shall do well to take a lawful decision on the same within a period of four (4) weeks from the date of receipt of such representation. The order so passed by Opp. Party No. 2 be communicated to the Petitioner. 6. With the aforesaid observation and direction, the Writ Petition is disposed of. 7.Till a decision is taken, interim order passed on 01.09.2021 shall continue. (BIRAJA PRASANNA SATAPATHY) Judge Sneha