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2025 DAILYLAW 7355 (ORI)

M/S OMM SHREE MAHAVIR INSTITUTE, NARANPUR, CUTTACK v. THE STATE OF ODISHA

WP(C)/626/2025 · 2025-01-29

Miss Savitri Ratho, S K Sahoo

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.626 of 2025 M/S. OMM SHREE MAHAVIR INSTITUTE, Cuttack ….. Petitioner Mr. Sudhir Kumar Mallick, Advocate -versus- 1. State of Odisha 2. Collector, Cuttack 3. Tahasildar, Baranga ..... Opp. Parties Mr. Debasish Nayak, Addl. Govt. Advocate CORAM: THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 29.01.2025 01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and the learned counsel for the State. This writ petition has been filed by the petitioner with the following prayer:- “The petitioner therefore prays that your lordship shall graciously be pleased to admit the writ petition and issue RULE NISI to the opp. parties to show cause as to: p. 2 1. Why the opp. parties will not be directed to settle the land in respect of Hal Plot No.127 area Ac.0.080 decimals out of Ac.1.610 decs (Patita) under Hal Khata No.195 of Mouza- Naranpur, PS/Tahasil- Baranga, Dist-Cuttack in favour of the Petitioner and also change the Kissam- Patita to Homestead and Govt. Khata (Abadaj Jogya Anabadi) to Sthitiban and; 2. Why the opp. party no.3 will not be directed to dispose of the representation vide Annexure-4 in order to look into the grievance of the petitioner and to take decision following the provision contained in the OGLS Act within a stipulated period; And may pass any such other order/orders and direction/ directions as this Hon'ble Court deem fit and proper”. Learned counsel for the petitioner submitted that though the representation under Annexure-4 on this issue is pending with the Tahasildar, Baranga i.e. opposite party no.3 since 20.03.2024, no communication has been received from the concerned Authority and a direction may be issued to the Authority for disposal of the same. p. 3 Learned counsel for the State has no objection to such submission. Considering the submissions made by the learned counsel for the respective parties, without expressing any opinion on the merits of the case, we dispose of the writ petition directing the Tahasildar, Baranga, opp. party no.3 to take a decision on the representation filed by the petitioner vide Annexure-4 and pass appropriate order in accordance with law within a period of three months from the date of production of a certified copy of this order. The order shall be communicated to the petitioner by the opp. party no.3 within two weeks of taking the decision. Issue urgent certified copy as per Rules. ( S.K. Sahoo) Judge (Savitri Ratho) Judge sipun Designation: Senior Stenographer