Radharaman Mohanty vs State Of Odisha And
2025 Latest Caselaw 7644 Ori

Orissa High Court

Radharaman Mohanty vs State Of Odisha And on 29 April, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                         W.P.(C) No.3335 of 2018

        Radharaman Mohanty
                                          ....                  Petitioner
                                          Mr. R.K. Mohanty, Sr. Advocate
                                          with Mr. D. Mohanty, Advocate

                                      -versus-
        State of Odisha and
        Others                            ....          Opposite Parties
                                                      Mr. S.K. Jee, AGA
                                  Mr. D.K. Sahoo, Advocate for O.P. No.4
                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                       ORDER

29.04.2025 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. The present Writ Petition has been filed inter alia challenging the action of the Kamakhya Nagar NAC-O.P. No.4 in making construction over Plot No.932 and thereby blocking the free passage of the petitioner to the main road.

4. It is contended that petitioner has got no alternate road to come over from his recorded land to the main road and since Municipality made the construction and thereby blocking the free passage, the present Writ Petition was filed challenging such action of the Opp. Party No.4.

4.1. It is also contended that by virtue of the interim order passed by this Court on 22.03.2018 and the nature of order // 2 //

passed by this Court on 27.01.2023 in RFA No.136 of 2018, NAC has now set aside the road of 15 ft. wide on east and west of the construction put up on the land over plot No.932 for free passage of the petitioner to the national highway.

5. Learned counsel appearing for the NAC does not dispute the view expressed by this Court in its judgment dated 27.01.2023 in RFA No.136 of 2018.

6. In view of the submissions made, this Court while disposing the Writ Petition, observed that the land set aside for free passage of the petitioner to the extent of 15ft. of east and wife of the construction over Plot No.932 be maintained.

7. With the aforesaid observation, the Writ Petition stands disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev