Dolagovinda Sahoo vs State Of Odisha And Others

W.A. No.71 of 2022 and I.A. No.241 of 2022

This matter is taken up by video conferencing mode.

Mr. Mishra, learned Senior Advocate appearing for the Appellant states on instructions that the Appellant is ready to demolish the two pillars in

order to provide a free common passage. He points out that a notice has been sent to the Appellant by the Cuttack Development Authority (CDA) on

24th January 2022 requiring the Appellant not only to demolish the two pillars, but “other temporary structures over the common passage..â€. The

Appellant states that he is unaware of what the “other temporary structures†are and this has been suddenly brought up without any prior notice

to the Appellant.

Issue notice. Mr. Debakanta Mohanty, learned Additional Government Advocate accepts notice on behalf of the State-Respondent No.1. Learned

counsel for the Appellant shall serve extra copy of the writ appeal on him within three days.

Notice to Respondent Nos.2 to 5 be issued by Speed/Registered Post with A.D. making it returnable before the next date. Requisites be filed within

three days. Accept one set of process fee. The tracking report be placed on record before the next date.

List on 14th February 2022 before the roster Bench. In the meanwhile, the Appellant, consistent with the statement made today, will remove the

two pillars. The CDA will inform the Court on the next date with reference to a layout/plan/ sketch what the “other temporary structures†that

required to be removed are. Till then subject to the Appellant adhering to the above statement and removing the two pillars within the time stipulated,

no further coercive steps be taken against the Appellant pursuant to the notice dated 24th January, 2022.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court’s Office Order circulated

vide Memo Nos. No.514 and 515 dated 7th January, 2022.

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