Pratima Nayak vs State Of Odisha And Others
2023 Latest Caselaw 2285 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) No.8169 of 2023
                 Pratima Nayak                            ....        Petitioner
                                               Mr. Sidheswar Mallik, Advocate
                                             -versus-
                 State of Odisha and others                ....     Opp. Parties
                                                      Mr. Swayambhu Mishra,
                                                   Additional Standing Counsel

                           CORAM:
                           JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             21.03.2023
 1.         1.       This matter is taken up through Hybrid mode.

2. Vaklatnama filed by Mr. Mallik, learned counsel and associates along with previous counsel on behalf of the Petitioner is taken on record.

3. In course of hearing, Mr. Mallik, learned counsel for the Petitioner placed reliance upon the judgment dated 14th December, 2016 rendered in W.P.(C) No.18171 of 2016, wherein this Court has held that permission under Section 22 of the OLR Act is not required in respect of the area, which has been merged with the Town Planning Authority, Sambalpur.

4. Mr. Mishra, learned ASC submits that even if the area has been merged with the Town Planning Authority, Sambalpur, Gazette Notification under Section 73 (C) of the OLR Act is necessary to make Section 22 of the Act inapplicable to the said area. He also submits that judgment dated 14th December, 2016 passed in W.P.(C) No.18171 of 2016 has been challenged by the State government in W.A. No.1678 of 2022. He, however, prays

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for an adjournment stating that State of Odisha shall file a detailed counter affidavit in the matter.

5. List this matter on 3rd May, 2023 along with connected similar matters. Counter Affidavit, if any shall be filed in the meantime serving copy thereof on learned counsel for the Petitioner.

(K.R. Mohapatra) Judge s.s.satapathy