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2022 Supreme(Ori) 269

R.K.PATTANAIK, S.MURALIDHAR
Srinath Mishra – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Respondent: Ishwar Mohanty.

JUDGMENT :

R.K. PATTANAIK, J.

1. Instant writ petition is at the behest of the Petitioner under Articles 226 and 227 of the Constitution of India, 1950 for issuance of a writ of mandamus or directions of like nature to the Opposite Parties to summarily evict the encroacher from the case land; to direct O.P. Nos. 3 and 4 to enquire into the allegation regarding forcible occupation of gochar, anabadi and endowment land by O.P. No. 5 with reference to the provisions of the Orissa Government Land Settlement Act, 1983 (hereinafter referred to as ‘the OGLS Act’) to stop construction work over the land in question; and also to pass appropriate orders deemed just and proper in the facts and circumstances of the case.

2. The Petitioner approached this Court challenging the action of O.P. Nos. 1 to 4 in allowing O.P. No. 5 for raising a construction of a grinding unit over an area of 100 acres of land for production of cement from a unit at Haridaspur, PS/Tahasil-Dharmasala. According to the Petitioner, the above factory is proposed over the agricultural land with human habitation having number of villages around which is likely to affect a population of 30,000 on account of pollution and other

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