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IN THE HIGH COURT OF ORISSA AT CUTTACK
BISWANATH RATH
Koresa Bibi – Appellant
Versus
Jajpur Municipal Council, Jajpur – Respondent
| Table of Content |
|---|
| 1. litigation history and background. (Para 2) |
| 2. arguments regarding non-consideration and jurisdiction. (Para 3 , 4 , 5 , 6) |
| 3. court observations on appeal handling. (Para 7 , 8 , 9) |
| 4. impact of ongoing civil suit on municipal authority's actions. (Para 10 , 11) |
| 5. order for remand and fresh disposal. (Para 12 , 13) |
JUDGMENT :
BISWANATH RATH, J.
1. This Writ Petition involves the following prayer:
“The petitioner therefore prays that the Honourable Court be pleased to admit this application and after hearing the petitioner’s advocate issue a writ in the nature of certiorari or any other suitable writ, quashing the order dated 18.01.2023 passed by the Jajpur Municipal Council in Appeal No.01/2022 conforming the order dated 04.07.2022 passed by the Executive Officer, Jajpur Municipality, Jajpur through a Letter No.2479/04.07.2022 vide Annexure-12 and Annexure-9;
And/or pass any other order(s)/direction(s) as this Honourable Court thinks just and proper;
And for this act of kindness the petitioners as in duty bound shall ever pray.”
2. This case has checkered background even in disposal of three earlier Writ Petitions vide W.P.(C) No.26995 of 2022, W.P.(C) No.18985 of 2022 an
The statutory appeal under the Odisha Municipal Act must be decided by the Municipal Council, as decisions by the Chairperson alone are not valid.
The court emphasized the necessity of proper adjudication and the presence of counter affidavits before vacating a status quo order regarding property demolition.
The duty of the municipal authority to ensure prompt demolition of unauthorized constructions and the precedence of the order of a higher court over that of a subordinate court.
The petitioner has a remedy of appeal and the writ petition is dismissed.
Court affirms that the appeal lacks merit as municipal proceedings are pending for a final order regarding alleged construction violations.
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