JASODA SENAPATI Vs. TAHASILDAR, BHADRAK AND ORS

JUDGEMENT

(1.) The petitioner is the owner of Plot Nos. 337 and 338 under Khata No. 93 of Mouza - Naripur in the district of Bhadrak. After seeking permission from the opposite party No. 3-Bhadrak Municipality, the late husband of the petitioner had constructed a hotel in the name and style of "Jasoda Hotel" on part of the said plots No. 337 and 338. In front of the said plots, there is a plot bearing No. 339, which is in between the plot of the petitioner and road. The said plot No. 339 is recorded as 'Nayanjori' and belongs to the Public Works Department of Government of Odisha. The grievance of the petitioner is that the opposite party No. 3-Bhadrak Municipality has granted permission to the opposite parties No. 5 and 6 for raising constructions over the said "Nayanjori" land through which a public drain also passes. The petitioner has thus filed this writ petition with the prayer for quashing the permission granted by the opposite party No. 3 to the opposite parties No. 5 and 6 to raise construction on "Nayanjori" land being Plot No. 339.

(2.) We have heard Mr. G. Mukherjee, learned Counsel for the petitioner, as well as learned Addl. Government Advocate appearing for State-opposite parties No. 1, 2 and 4; Sri B. Das, for the contesting opposite party No. 3-Bhadrak Municipality and Mr. S.N. Sahoo for the private opposite party No. 6.

(3.) Despite service of notice on opposite party No. 5, no one has put in appearance on behalf of the said opposite party. Sole counter affidavit is that of opposite party No. 3-Bhadrak Municipality, to which rejoinder affidavit has also been filed. With the consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage.