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IN THE HIGH COURT OF ORISSA AT CUTTACK
Sanjeeb K.Panigrahi
Soubhagya Kumar Sahoo – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's request regarding construction on disputed land. (Para 1 , 2) |
| 2. petitioner's claim of blocked ingress and egress. (Para 4) |
| 3. state's response and report on the disputed property. (Para 5) |
| 4. court's analysis and conclusion on property access. (Para 6 , 7) |
| 5. final decision to dismiss the writ petition. (Para 8) |
ORDER :
Sanjeeb K. Panigrahi, J.
1. This matter is taken up through hybrid arrangement.
2. In filing this Writ Petition, the Petitioner has sought for a direction from this Court to the Opposite Parties for not making any further construction over the land appertaining to plot No.49, Khata No.104 in Mouza- Mulusingha which is in front of the land of the present Petitioner in question.
3. Heard.
4. Learned counsel for the Petitioner submits that due to the construction made over the disputed property in question by the Opposite Parties, the ingress and egress to the land of the Petitioner in question is going to the blocked. He, accordingly, prays for allowing the prayer made in this Writ Petition.
5. At this juncture, drawing the attention of this Court to the paragraph No.6 of the counter affidavit at the instance of the Opposite Party Nos.2 & 4, lear
Writ petition dismissed as no obstruction to access was found despite ongoing construction on adjacent government land.
The question of access to the land and grievances regarding construction on the land are factual in nature, and alternative legal recourses are available to address such grievances.
Municipal authorities cannot grant construction permissions on government land recorded for public utility purposes; actions taken without appropriate jurisdiction are unlawful.
Petitioner lacks locus standi to challenge construction on government poramboke land where property access remains unobstructed.
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