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Judgment
Dr S.K. Panigrahi, J
This matter is taken up through hybrid arrangement.
Heard learned counsel for the petitioner and learned counsel for the State.
On oral submission, learned counsel for the petitioner is permitted to make necessary correction in the cause title with respect to the Police Station and district.
The petitioner has filed this writ petition assailing the inaction of Police in not taking proper action and preventing nuisance created by opposite party Nos. 4 to 7 as given in written complaint dated 11.03.2023.
The learned counsel for the petitioner further submits that the petitioner has filed a writ petition which is still pending before this Court vide W.P.(C) No. 31138/2022 seeking quashment of the order dated 29.05.2022 passed by the Sub-Collector, Sundargarh, in Mutation Appeal No.33 of 2021 by virtue of which the Sub-Collector had set aside the order of the Tahasildar, Sadar dated 19.02.2021 and mutated the share land of the present opposite party Nos. 4 to 7 in their names. Further, this Court has passed an order on 10th March, 2023 in the said case directing the petitioner and opposite parties Nos. 4 to 7 to maintain status quo on the scheduled property till the next date.
It is further submitted that though the order of status quo has been passed, it has not been complied with by the opposite party Nos. 4 to 7. Since the matter is pending before this Court and the freedom of mobility of the petitioner has been paralysed because of the obstruction in the passage by the opposite party Nos. 4 to 7. Especially, the freedom of passage from the petitioner’s house to other parts of the town has been obstructed. The petitioner’s children are unable to even go to school because of such obstruction.
Considering the plight of the present petitioner, this Court directs the Inspector In-charge, Sundargarh Town Police Station to take proper steps to allow the passage of the petitioner to nearby connecting road.
This Court is not at all expressing any opinion on the merits of the case pending before this Court or any other Court. The freedom of passage of the petitioner is directed to be ensured till the disposal of W.P(C) No. 31138 of 2022 .
The CRLMP is accordingly disposed of.
A free copy of the order be supplied to the learned counsel for the State for necessary compliance.
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