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Judgment
Arindam Sinha, J
Mr. Panda, learned advocate appears on behalf of petitioner. He submits, Unauthorized Construction Case no.13 of 2019 has been challenged by his client. His client is duly constructing on approval obtained from Block Development Officer (BDO). Puri Konark Development Authority (PKDA) cannot interfere with his client's construction. He submits, coordinate Bench had passed interim order dated 9th August, 2021 staying the case.
He refers to his client's interim application no.14370 of 2021 and submits, opposite party no.3 (PKDA) has adopted otherwise means to cause interference with his client's construction by issuance of its letter dated 9th August, 2021. He seeks further interim order in respect of the letter, staying operation of it. He submits, notice was issued on PKDA and opposite party no.4.
PKDA has been served but postal article addressed to opposite party no.4 returned unserved with endorsement 'out of station'.
On query from Court Mr. Panda submits, his client had made application dated 25th January, 2021 as constituted attorney for opposite party, to PKDA. According to him, his client does not want to pursue the application.
It appears from said letter dated 9th August, 2021 of PKDA that opposite party no.4 since withdrew the power from petitioner. Nevertheless, the letter is addressed to petitioner as, it appears therefrom, PKDA found irregularities in the construction being made and asked for rectification. Following from the letter is reproduced below:
"The observation made above may be complied/rectified within 15 (fifteen) days from the date of receipt of this letter in consultation with the technical person who has prepared and signed your plan, alternatively you are requested to show cause within 15(fifteen) days from the date of receipt of letter as to why your application for permission should not be refused under section 16(3) of the Orissa Development Authorities Act, 1982."
Submission of petitioner in respect of said letter dated 9th August, 2021 has been recorded. It does not appear there is any threat of demolition by the letter.
Petitioner will serve copy of this order on PKDA. The writ petition will be dealt with on adjourned date, irrespective of appearance put in by opposite parties.
List on 11th January, 2022.
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