Baburam Malik v. Commissioner, Endowment, Odisha, Bhubaneswar
2023-01-13
ARINDAM SINHA, S.K.MISHRA
body2023
DigiLaw.ai
JUDGMENT I.A. no.17655 of 2022 and WP(C) no.35734 of 2022 1. Mr. Panda, learned advocate appears on behalf of petitioner and submits, construction is being made over the deity's land without permission obtained from the Commissioner. Private opposite party no.6 is also involved. Said private opposite party has been put in funds by opposite party no.4 (Tahsildar). 2. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits, instructions have been received. His client will file counter on direction made. On query from Court he submits, there is a high school, existence of which is recorded in the remarks column against plot no.1349. It is there that, inter alia, overhead water tank is being constructed. It is very necessary for purpose of supplying water to the villagers. 3. Mr. Nath, learned advocate appears on behalf of the Commissioner. On query from Court he submits, the land belongs to the deity and his client's office has not been approached for sanction to construct. 4. Status quo be maintained in respect of all constructions undertaken by opposite parties or any of them over the deity's land, till next date of hearing. 5. Counter be filed by 30th January, 2023. 6. Issue notice along with this order on opposite party nos.5 and 6 by register/speed post with A.D. Petitioner will put in requisites. 7. Petitioner may file rejoinder, to be accepted on adjourned date upon advance copy served. 8. List on 3rd February, 2023.'