High CourtsSingle Bench(2021) 08 OHC CK 0087

Babbly Kalia vs State Of Odisha & Ors

Orissa High Court · Decided on 19 August 2021

HON’BLE JUDGES
C.R. Dash, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Civil) No. 21460 Of 2021

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Judgment

19 paragraphs · 312 words

C.R. Dash, J

1.This matter is taken up through hybrid mode.

2.

Heard.

3.

The petitioner’s grievance is that, Adangapada Water Tank of mouza-Adangapada in the district of Puri is being constructed over Plot No.163

under Khata No.108 of the said mouza Kissam of which is Bastijogya. The said land is stated to be the only land to the homestead land of the

petitioner from the main road used as a road. It is further submitted that, if the Water Tank is constructed there, the ingress and outgress from the land

of the petitioner shall be blocked from the main road. In this regard, the petitioner is stated to have filed a representation vide Annexure-5 before the

Executive Engineer, RWS & S Sub-Division, Puri-Opposite Party No.4.

4.

As a matter of fact, there is no bar for use of Bastijogya land for any construction by the Government. If the Water Tank can be constructed

leaving some land for the petitioner for her ingress and outgress from her homestead land to the main road, there will be no difficulty.

5 Regard being had to the facts and submissions and the nature of relief sought for, the writ petition is disposed of directing the Opposite Party No.4 to

dispose of the representation of the petitioner vide Annexure-5, within a period of two months from the date of receipt of the certified copy of this

order by passing a reasoned order in accordance with law.

6.

Till disposal of the representation, parties shall maintain status quo over the land in question.

7 The petitioner is directed to supply the copy of the writ petition containing all the annexures along with certified copy of this order to Opposite Party

No.4 for convenience and reference to Annexure-5.

8.The writ petition is accordingly disposed of.

9.

Urgent certified copy of this order be granted as per rules.

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