JUDGMENT

Dr. S. Muralidhar, CJ. - Aggrieved by the refusal of the General Manager, South Eastern Railways, Kolkata (Opposite Party No.2) to accord him a right of passage over railway land in order to gain access to a public road on the eastern side of the plot purchased by him, the Petitioner approached this Court with the present writ petition in 2003.

2. The Petitioner has challenged the letter addressed to him on 6th July, 1993 by Opposite Party No.2 refusing such permission as well the communication addressed, almost ten years thereafter on 27th March, 2003, by Opposite Party No.2 to the then Member of the Legislative Assembly (MLA), Odisha reiterating the decision.

3. The background facts are that, the Petitioner claims to be the owner in possession of the property situated on Plot No.1422/1493 (P) under Khata No.668 of mouza Ashok Nagar, Sub-Registry Bhubaneswar City (hereafter "the plot"), which he purchased by means of a Registered Sale Deed dated 21st April, 1977. The Record of Rights (RoR) in respect of the plot is stated to have been mutated thereafter in the Petitioner"s name.

4. The Petitioner states that he applied for and got building permission from the Bhubaneswar D