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2019 DIGILAW 462 (ORI)

Gatikrushna Mohanty v. Collector, Bhadrak

2019-07-17

K.S.JHAVERI, KRUSHNA RAM MOHAPATRA

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ORDER : 1. Heard the learned counsel for the parties. 2. By way of this writ petition, the petitioners have prayed for issuance of a direction restraining the opposite parties from making any sort of construction over plot no. 600 under Khata No. 969 of village Khandatara, PS/Dist-Bhadrak. 3. It appears that this Court on 31.12.2003 passed the following order in this case. "Heard Mr. Kar, learned counsel for the petitioners and Mr. Sisir Das, learned Additional Government Advocate. Issue notice in the main case as well as in the Misc. Case. Mr. Das accepts notice on behalf of all the opp. parties. Extra copies of the petition be served on him by 5.1.2004. In the meanwhile, the nature and character of the land appertaining to Plot No. 600 under Khata No. 969 of village Khandatara under Police Station and district-Bhadrak with the classification 'Gochar' will not be changed." On 29.04.2004, following order was passed in this case: "Heard Mr. Kar, learned counsel for the petitioners and Mr. D. Das, learned Additional Government Advocate. 2. By interim order passed on 31.12.2003 in W.P.(C) No. 13651 of 2003 and Misc. Case No. 13277 of 2003 this Court while issuing notice in the main case directed that in the meanwhile the nature and character of the land appertaining to Plot No. 600 under Khata no. 969 of village Khandatara under P.S. and district-Bhadrak with the classification 'Gochar' will not be changed. It is alleged in the misc. case petition that despite the said interim order passed by this Court on 31.12.2003 the opposite parties have constructed five rooms on Plot No. 600 under Khata No. 969 of village Khandatara under P.S. and district-Bhadrak. 3. Mr. D. Das, learned Additional Government Advocate will obtain instruction and file affidavit by 10.05.2004 and the matter will be listed on 11.05.2004. 4. In the meanwhile, if any such construction is taking place, the same will be stopped forthwith by the opposite parties. Thereafter, on 09.07.2004 following order was passed by this Court in this case: "Heard Mr. Kar, learned counsel for the petitioners and Mr. Mohanty, learned Addl. Government Advocate. By order dated 31.12.2003 this Court while issuing notice in W.P.(C) No. 13651 of 2003 and Misc. Case No. 13277 of 2003 directed that in the meanwhile the nature and character of the land appertaining to Plot No. 600 under Khata no. Kar, learned counsel for the petitioners and Mr. Mohanty, learned Addl. Government Advocate. By order dated 31.12.2003 this Court while issuing notice in W.P.(C) No. 13651 of 2003 and Misc. Case No. 13277 of 2003 directed that in the meanwhile the nature and character of the land appertaining to Plot No. 600 under Khata no. 969 of village khandatara under Police Station and district-Bhadrak classified as 'Gochar' will not be changed. On 29.04.2004 the petitioner complained before this Court in the present Misc. Case that despite the said order dated 31.10.2003 passed by this Court, some construction is being made on the aforesaid 'Gochar' land and the court passed orders that if such construction is taking place, the same will be stopped forthwith by the opposite parties. Mr. G.K. Mohanty, learned Addl. Govt. Advocate states on instruction that the construction on the aforesaid 'Gochar' land has been stopped on 24.1.2004 after receipt of the order dated 31.12.2003 of this Court by the authorities. Mr. Kar, learned counsel for the petitioners on the other hand submitted that it is difficult to believe that the construction that has been made on the 'Gochar' land was completed before 24.1.2004. In this Misc. Case the petitioners have complained of continuing violation of the said order dated 31.12.2003 passed by this Court. Since Mr. Mohnaty, learned Addl. Govt. Advocate has stated-on instruction that the construction has been stopped, it is not necessary to pass any further orders in this Misc. Case. But we make it clear that in case the petitioners succeed in the writ petition, the Court may pass orders for demolition of the constructions made on the aforesaid 'Gochar' land. Misc. Case is disposed of." 4. It is stated by the learned counsel for the parties that in view of the aforesaid orders of this Court, no further construction is made so far on the land in question. 5. Considering the facts and submissions made, we dispose of this writ petition with a direction to the opposite parties not to make any further construction on the land in question till conversion of the land in question is made. 6. However, it will be open for the opposite parties to follow the law and after conversion of the land in question, if it is permissible, construction can be taken up in accordance with law. Misc. Cases/I.As. 6. However, it will be open for the opposite parties to follow the law and after conversion of the land in question, if it is permissible, construction can be taken up in accordance with law. Misc. Cases/I.As. connected to the writ petition, if any, are disposed of accordingly. Issue urgent certified copy of this order as per the Rules.