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2020 Supreme(Ori) 113

MOHAMMAD RAFIQ, B.R.SARANGI
Ajay Bada Jena – Appellant
Versus
Commissioner of Bhubaneswar Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioner:M/s. Antaryami Swain and A.N. Swain, Advocates.
For the Opp. Parties :Mr. B.K. Dash, Advocate, Mr. M.S. Sahoo, Addl. Government Advocate.

JUDGMENT :

B.R. Sarangi, J.

The petitioner, claiming to be a social worker, has filed this public interest litigation with the following prayer:-

    “In the premises, it is therefore prayed that your Lordship would be graciously pleased to allow this writ petition, issue a Rule NISI calling upon the opposite parties to file show cause as to why the prayer of the petitioner shall not be granted, if the opposite parties fail to file show cause or give insufficient cause, your Lordship would be graciously pleased to make the rule absolute and issue an appropriate writ to the appopos. Further direction be given directing to the opposite parties to examine the correctness of allegations, after finding at the truth take immediate steps to prevent the dumping yard on the cremation field on plot no.568, khata no.492, mouza-Patia, the area of land Ac.0.650 decimals the status of the land is cremation, to prevent the dumping yard near the human inhabited area near the public road, public office.”

2. The factual matrix of the case, in hand, is that plot no.568 corresponding to khata no.492 measuring Ac.0.650 decimals of mouza-Patia has been recorded in Record of Right (RoR) published on 06.12.1973 a

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