The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25873 of 2022 RIDA Infra Private Limited Company, Bhubaneswar, Khurda …. Petitioner Mr. K.K. Mishra, Advocate -Versus- State of Odisha & Others Opposite Parties Mr. P.K.Rout, AGA Mr. P. Mohanty, Sr. Advocate for Opp. Nos. 2 to 4 Mr. Mohit Agarwal, Advocate for Intervener …. CORAM: JUSTICE R.K.PATTANAIK Order No.
Decision
ORDER 11.05.2023 01. 1. Heard Mr. Mishra, learned counsel for the petitioner, Mr. Rout, learned AGA for the State, Mr. Mohanty, learned Senior Advocate appearing for opposite party Nos. 2 to 4 besides Mr. Agarwal, learned counsel appearing for interveners. 2. Instant writ petition is filed by the petitioner challenging the impugned notice in connection with UAP Case No. 10 of 2021 issued by opposite party No.3 and quashing of the order dated 20th September, 2022 vide Annexure-11 on the grounds stated therein. 3. Mr. Mishra, learned counsel for the petitioner submits that without considering the show cause as at Annexure-10, the impugned order under Annexure-11 dated 20th September, 2022 was passed which is unjust, arbitrary and illegal and hence, not tenable in law. It is further submitted that there was no demarcation held on 17th June, 2022 in presence of the petitioner. In fact, according to Mr. Mishra, learned counsel for the petitioner, such demarcation was carried out Page 1 of 4 by the Amin ex parte and report under Annexure-6 was submitted. Furthermore, Mr. Mishra alleges that without taking into account the revised plan submitted by the petitioner and such other mitigating factors, on the basis of demarcation held ex parte, the impugned order under Annexure-11 was passed and hence, it is liable to be interfered with and quashed. 4. Mr. Mohanty, learned Senior Advocate appearing for the opposite party Nos. 2 to 4 submits that a notice was issued by the authority concerned and it was received by the petitioner and in presence of latter’s representative, the demarcation was held on 17th June, 2022 and while contending so, the concerned file is produced before the Court. The Officer, who dealing with the file is also present and referring to the relevant documents/correspondences, Mr. Mohanty further submits that the date of demarcation was well within the knowledge of the petitioner as there is an endorsement to that effect in the preliminary show cause filed by him. It is also apprised that the representative of the petitioner was very much physically present at the time of demarcation which is also supported by photographs. It is claimed by Mr. Mohanty that despite such presence of the petitioner’s representative, he did not endorse his signature on the report of the Amin. 5. Mr. Agarwal, learned counsel for the interveners submits that at the instance of the interveners, in fact, as there was deviation, the action was initiated against the petitioner under the provisions of the ODA Act vide UAP Case No. 10 of 2021. 6. However having gone through the case record and the file submitted in the Court today, it is not clearly made to reveal as to if any such notice was issued and served on the petitioner for the purpose of demarcation on 17th June, 2021. The endorsement which Page 2 of 4 is found on the preliminary show cause of the petition on its marginal side is at the instance of the officer, who said to have intimated about the date of the alleged demarcation. The Court not being satisfied that the notice was duly served on the petitioner and having not found any clear evidence from the record about issuance of notice for the said purpose, it is of the view that a fresh demarcation should be held in the presence of the petitioner. 7. At this juncture, Mr. Mishra, learned counsel for the petitioner submits that the demarcation simplicitor would not serve the purpose as the grievance of the petitioner has not been met in view of the Court’s order dated 18th April, 2022 vide Annexure-8. 8. Mr. Mohanty, learned Senior Advocate in response submits that all such grievance may be considered after due demarcation which is to be held afresh. The Court is also of the same view and therefore, is in favour of demarcation and also consideration of the grievance of the petitioner in compliance of Annexure-8. The Court is of the view that the grievances of the interveners and issues involved would also be duly resolved, if there is demarcation as well as implementation of the Court’s order dated 18th April, 2022. So to say, the Court is of the conclusion that the demarcation though it was stated to be held on 17th June, 2022 but being satisfied that it was not in the immediate presence of the petitioner, such demarcation should be held once again and also for the authority concerned to consider and examine and to comply the direction of the Court issued vide Annexure-8 which relates to its grievance, which would serve the purpose and meet the ends of justice. 9. Accordingly, it is ordered. 10. In the result, the writ petition stands disposed of with a direction to opposite party No.3 to undertake fresh demarcation in Page 3 of 4 presence of the petitioner and issue notice in respect thereof. In order to obviate further delay, it is directed that the demarcation shall be held on 26th May, 2023 and the parties shall remain physically present on the said date for the above purpose and before any such demarcation is held and accomplished, the petitioner should be provided an opportunity to collect its record/files kept in the office sealed by the authority concerned so that he would be able to submit a detailed defence. It is expected and believed that the parties would cooperate and sincerely engage themselves for the purpose of demarcation on the date fixed and the authority concerned shall thereafter to proceed to pass necessary order complying the Court’s direction dated 18th April, 2022 under Annexure-8 and to complete the above exercise preferably within a period of six weeks thereafter. 11. A certified copy of this order be issued as per rules. Judge (R.K.Pattanaik) Balaram BALARAM BEHERA Digitally signed by BALARAM BEHERA Date: 2023.05.12 17:06:49 -07'00' Page 4 of 4