Pradeep Kumar Nayak & Ors. v. State of Odisha & Ors.
Case at a glance
Outcome
Disposed of
In the result, the writ petition stands disposed of with a
Key paragraphs
- Para 88. In the result, the writ petition stands disposed of with a direction to opposite party No.2to consider and examine Annexure-2 and thereafter, to do the needful and if necessary, in the event at the end of enquiry, encroachment is established, to ensure its removal…
Judgment
Opposite Parties Mr. P.K. Rout, AGA CORAM: MR. JUSTICE R.K. PATTANAIK ORDER 15.09.2023 Order No.
Heard learned counsel for the petitioners and Mr. Rout, learned AGA appearing for the State-opposite parties.
No notices are issued to opposite party No. 3 as the matter is disposed of at the stage of admission.
Instant writ petition is filed by the petitioners for a direction to opposite party No.3 to remove encroachment from Plot No.458, Khata No.371 in Mouza- Anandapur in the district of Balasore.
It is submitted that the petitioners approached opposite party No.2 with the representation i.e. Annexure-2 seeking action against the alleged encroacher but no action has been taken thereon as on date and hence, necessary direction is required to be issued.
In reply, Mr. Rout, learned AGA for the State submits that if the Court is inclined, it may perhaps direct opposite party No.2 to consider and examine Annexure-2 and to take a decision on the same within a stipulated period.
Having regard to the claim of encroachment by the private opposite party which is evident from Annexure-2 and since the petitioner has already approached opposite party No.2, the Court is of the view that the same is required to be examined for appropriate action according to law.
Hence, it is ordered.
Operative part
In the result, the writ petition stands disposed of with a direction to opposite party No.2to consider and examine Annexure-2 and thereafter, to do the needful and if necessary, in the event at the end of enquiry, encroachment is established, to ensure its removal as soon as possible and to complete the exercise preferably within a period of six weeks from the date of receipt of a copy of this order after providing an opportunity of hearing to both sides including opposite party No.3.
A certified copy of this order be issued as per rules. (R.K.Pattanaik) Judge ROJINA Signature Not Verified Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 21-Sep-2023 11:22:28
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.