✦ Orissa High Court

Judgment · High Court

K R MOHAPATRA2 min read

Case at a glance

Provisions considered

Key paragraphs

  • Para 66. // 2 // Accordingly, this Court without expressing any opinion on the merits of the case of the Petitioner, disposes of the writ petition with a direction that in the event the Petitioner submits his reply to the impugned Notice under Annexure-1 issued by…

Judgment

Petitioner Mr. Amit Prasad Bose, Advocate State of Odisha and others …. Opp. Parties -versus- Mr. Ajodhya Ranjan Dash, Additional Government Advocate (For Opposite Party Nos.1, 2, 4 & 5) CORAM: JUSTICE K.R. MOHAPATRA Order No. ORDER 18.05.2023

1.

This matter is taken up through hybrid mode.

2.

Seen the kind minutes of Hon’ble the Chief Justice at Flag-X.

3.

Petitioner in this writ petition prays for a direction to set aside the Notice No.4431 dated 11th May, 2023 (Annexure-1) issued by the Executive Officer, Puri Municipality, Puri.

4.

It is submitted by Mr. Bose, learned counsel for the Petitioner submits that contents of the Notice under Annexure-1 does not satisfy requirements of Sections 275 (1) and 286 (1) of the Odisha Municipal Act, 1950. No opportunity whatsoever has been given to the Petitioner to show cause before taking a decision to fence off and take down the structure of Laxmi Market Complex, Grand Road, Puri. Thus, the impugned Notice is per se illegal and is liable to be set aside.

5.

Taking into consideration the submission of learned counsel for the Petitioner, this Court is of the considered opinion that if the Petitioner wants to contest the Notice he should be given an opportunity to do so. Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 19-May-2023 18:48:52

6.

// 2 // Accordingly, this Court without expressing any opinion on the merits of the case of the Petitioner, disposes of the writ petition with a direction that in the event the Petitioner submits his reply to the impugned Notice under Annexure-1 issued by the Executive Officer, Puri Municipality-Opposite Party No.2 within a period of ten days hence along with certified copy of this order, the same shall be considered in accordance with law giving an opportunity of hearing to the Petitioner.

6.1 Till a decision is taken on the show cause reply, if any filed by the Petitioner within the time stipulated above, the impugned notice under Annexure-1 shall be kept in abeyance. Issue urgent certified copy of the order on proper application. (K.R. Mohapatra) Judge s.s.satapathy

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

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