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High Court of Orissa · body

2025 DAILYLAW 83446 (ORI)

POTHULA CHANDRA SEKHAR v. STATE OF ODISHA

WP(C)/32400/2025 · 2025-11-28

Dixit K S

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.31754 of 2025 Bilasini Sahu …. Petitioner Mr. A.P. Bose, Advocate -Versus- State of Odisha and others …. Opposite Parties Mr. S.B. Mohanty, AGA CORAM: JUSTICE DIXIT KRISHNA SHRIPAD Order No. 02. ORDER 28.11.2025 W.P.(C) Nos.31754, 31755, 31756, 31757, 31785, 32332 & 32400 of 2025 In all these cases, the apprehension is that the jurisdictional OPs would come all of a sudden and undertake demolition of the existing structures belonging to the petitioners. Though pleadings have been made to this effect, no evidentiary material, even in milligrams, is produced in support thereof. 2. Learned counsel for the petitioner submits that such instances of instantaneous demolitions are there and therefore, the Court should intervene. 3. Learned AGA appearing for the OP Nos.1, 3 & 4 submits that ordinarily the State and its instrumentalities will not undertake demolition of structures without due process of law, such as issuance of show cause notice, hearing, etc. and therefore, the petitions are premature. I agree with this view. In the above circumstances, Writ Petitions are disposed off. The petitioners shall not have the apprehension of any coercive action sans due process of law. If any action is being taken, it is open to them to approach the Court on the fresh cause of action. Registry to send a copy of this order to OP Nos.2 & 5, so that they would not take any coercive action, without following due process of law. Web copy of the order to be acted upon by all concerned. ( Dixit Krishna Shripad ) Judge Anisha Designation: Jr. Stenographer