M/S. Jagbandhu Enterprises vs State Of Odisha & Others ..... Opposite ...
2023 Latest Caselaw 15882 Ori

Orissa High Court

M/S. Jagbandhu Enterprises vs State Of Odisha & Others ..... Opposite ... on 11 December, 2023

Bench: B.R. Sarangi, Murahari Sri Raman

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) No.39228 of 2023

M/s. Jagbandhu Enterprises          .....                                 Petitioner
Pvt. Ltd., Bhubaneswar
                                              Mr. P.K. Rath, Sr. Advocate along
                                                  with Mr. A. Behera, Advocate
                                    Vs.
State of Odisha & Others            .....                          Opposite Parties

                                                       Mr. P.P. Mohanty, AGA
            CORAM:
                ACTING CHIEF JUSTICE DR. B.R. SARANGI
                MR. JUSTICE MURAHARI SRI RAMAN

                                           ORDER

11.12.2023 Order No. This matter is taken up through hybrid mode.

01.

2. Heard.

3. The present Writ Petition has been filed with the following prayer:-

"The Petitioner, therefore, prays that your Lordships would be graciously pleased to admit this writ petition, call for the records and after hearing the parties allow the same, issue writ/writs in the nature of certiorari/mandamus and/or any other further writ/direction and direct the Opposite Parties/State Authorities to take immediate steps for removal of all sorts of obstructions and provide protection to the petitioner to operate the Nihal Prasad Road Metal Quarry-V & VI.

And for this act of kindness, the petitioner shall as in duty bound ever pray."

4. In course of hearing, learned counsel for the Petitioner states that highlighting its grievance, the Petitioner has made a representation to Opposite Party No.2 vide Annexure-8 and the same may be directed to be considered taking into consideration

the judgment of this Court in Chambara Soy v. State of Orissa & Ors., 2007 SCC OnLine Ori 42, M/s. Shakti Bricks v. Collector, Bhadrak & Ors., 2008 SCC OnLine Ori 357 and the order of this Court in Sanjeev Parida &Others v. State of Odisha & Others (W.P.(C) No.37019 of 2021 and batch, disposed of on 24.01.2023), in which one of us (M.S. Raman, J) is a Member, within a stipulated time, to which learned Counsel for the State has no objection.

5. As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.2 to consider the representation filed by the petitioner vide Annexure-8, and pass appropriate order in accordance with law taking into consideration the judgment of this Court in Chambara Soy, M/s. Shakti Bricks & Sanjeev Parida (supra) as expeditiously as possible, preferably within a period of four weeks from the date of production of certified copy of this order.

                                                                    (DR. B.R. SARANGI)
                                                                 ACTING CHIEF JUSTICE



          Laxmikant                                                      (M.S. RAMAN)
                                                                            JUDGE






Signed by: LAXMIKANT MOHAPATRA
Designation: SENIOR STENOGRAPHER
Reason: Authentication

Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Dec-2023 17:51:22