LAWS(ORI)-2023-4-56

NITA DUBEY Vs. STATE OF ODISHA

Decided On April 06, 2023
Nita Dubey Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) The challenge in the present appeal is to an order dtd. 24/8/2022 passed by the learned Single Judge dismissing the Appellants' writ petition i.e. W.P.(C) No.39008 of 2021 in which writ petition, the Appellants had sought a direction to quash a notice dtd. 5/11/2021 issued by the Superintendent of Police, Puri to OIC, Balanga Police Station requesting him to stop unauthorized construction over the land belonging to Shree Jagannath Temple Administration and that one Akrura Senapati was raising unauthorized construction of Chicken Farm over an area of Ac.0.22 decimals under Hal Khata No.8 of the said mouza.

(2.) Appellant No.1 claimed to be a bhag tenant under the erstwhile Endowment Board paying rent to the landlord and enclosed certain rent receipts. Akrura Senapati-Appellant No.2 is stated to be working under Appellant No.1 and looking after the Chicken Farm constructed over the suit land.

(3.) Contending that the land stands recorded in the name of Shree Jagannath Temple Managing Committee and, therefore, the police authorities have no locus standi to issue the impugned notice, the Appellants sought the quashing of the said notice and to permit Akrura Senapati 'to make construction of Chicken Farm over the case land.'