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Judgment
Mr. Panda, learned advocate appears on behalf of petitioner and prays for hearing and order. He submits, counter and rejoinder have been filed.
Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and draws attention to annexure C/4 in the counter being request made by the Tahasildar on memo dated 23.12.2022, for permission. Text of the letter is reproduced below:
“With reference to the subject cited above, I am to intimate that the Government has been pleased to declare “Niali-Madhab” as Tourism Centre only for the ancient temple of Sri Madhabananda Jew, situated at Madhab under Niali Tahasil. Several tourists are very often coming Madhab to enjoy the cultural heritage for which Government in PR & DW Deptt., Tourism Deptt. are trying to develop tourism infrastructure at “Niali-Madhab”. It is needless to mention here that there is no Government land available in village Madhab and Padhansahi for creation of tourism related public assets like Park, Rest House, Community Hall, Picnic Peendles, Drinking Water Projects etc which are highly essential for tourist as well as general public. A large chunk of deity land are lying vacant which may be used for the purpose.
I would therefore request you kindly accord necessary permission to use the deity land for development works under Government projects so as to make the area developed.
An early action in the matter is highly solicited.”
Mr. Nath, learned advocate appears on behalf of the Commissioner.
We have perused our orders dated 6th and 13th January, 2023. On query from Court Mr. Panda submits, the construction is almost complete. His client has filed for contempt, to be listed before the Bench having assignment.
It is clear to us that construction has been proceeded with and completed and or in the verge of completion. The request for permission was made after filing of the writ petition on 21st December, 2022. We notice further that by our order dated 6th January, 2023 we had granted adjournment for the Commissioner and State to obtain instructions. We reproduce below paragraph-3 from our subsequent order dated 13th January, 2023.
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.”
Earlier submission on behalf of State that there was remark in the RoR strengthening their purpose of causing construction for distribution of water to the villagers, construction being made in the school premises, has been rendered incorrect by the request for permission.
In exercising extreme restraint, we adjourn the writ petition.
List on 17th May, 2023.
Interim order to continue till next date of hearing. The continuance is for purpose to not render the contempt application, said to have been made, infructuous.
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