Naba Kishor Panigrahi v. State of Odisha & Anr.
Case at a glance
Provisions considered
- Odisha Municipal Act, 1950 s. 12(3)
Key paragraphs
- Para 55. The writ petition along with pending I.As. are accordingly disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Mar-2025 11:35:44 Page 2 of 2.
Judgment
Petitioner Mr. P.K. Rath, Sr. Advocate along with Mr. A. Behera, Advocate Opposite Parties Mr. P.K. Panda, ASC THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 17.03.2025 Order No. 03
This matter is taken up through hybrid mode.
Heard Mr. P.K. Rath, learned Sr. Counsel appearing for the Petitioner along with Mr. A. Behera, learned counsel and Mr. P.K. Panda, learned Addl. Standing Counsel appearing for the Opp. Parties.
Learned Sr. Counsel appearing for the petitioner contended that prior to issuance of the impugned notification dtd.16.11.2017 under Annexure-1, Opp. Party No. 2 never take into consideration the objections filed with regard to delimitation of the wards of Notified Area Council, Odagaon under Annexure-7 series.
3.1. It is contended that since in terms of the provisions contained under the proviso to Sec. 12(3) of the Odisha Municipal Act, 1950, objections filed by the Petitioner and other villagers were never taken into consideration prior to publication of the impugned notification dt.16.11.2017, the same is not sustainable in the eye of law. Page 1 of 2.
3.2. It is also contended that operation of the impugned notification issued under Annexure-1 has remain stayed in terms of the interim order passed by this Court on 11.12.2017.
Even though a counter affidavit has been filed justifying the impugned notification, but this Court considering the lis involved and the submission made that prior to consideration of the objection, the impugned notification has been issued, while disposing the writ petition with quashing of the impugned notification dt.16.11.2017 under Annexure-1, directs Opp. Party No. 2 to take a fresh decision with regard to delimitation of the wards of Odagaon NAC, taking into consideration the objections available under Annexure-7 series.
4.1. This Court directs Opp. Party No. 2 to take a fresh decision by giving due opportunity of hearing to the Petitioner within a period of six (6) weeks from the date of receipt of this order. Petitioner is directed to provide a copy of this order before Opp. Party No. 2 for compliance on or before 28th March, 2025.
The writ petition along with pending I.As. are accordingly disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Mar-2025 11:35:44 Page 2 of 2.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.