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2025 Supreme(Online)(Ori) 4152

ORISSA HIGH COURT
BIKASH KUMAR BALIARSINGH – Appellant
Versus
COLLECTOR CUM D.M. KHURDA – Respondent
WP(C) 25625 / 2025



IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25625 of 2025 Bikash Kumar Baliarsingh ..... Petitioner Mr. Biswajit Parida, Advocate -versus-

Collector-cum-District ….. Opposite Parties Mrs. Sarita Moharana, Magistrate, Khordha &

ASC Ors.

CORAM:

THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

11.11.2025 Order No.

07. 1. This matter is taken up through hybrid arrangement.

2. The Petitioner, by filing this Writ Petition, has made the following prayer:-

“The petitioner most humbly prays that this Hon'ble Court may graciously be pleased to admit the writ petition and issue notice to Opp.parties particularly Opp.party Nos.l and 2 to show cause as to why they have not taken steps to deliver possession of Plot No.494, Khata No.392 of area Ac.0.050 dec. in Mouza- Talakadab of Bolagarh Tahasil to the petitioner for construction of Library Hall under MP LAD Scheme 2024-25 and if they fail to show cause, issue a writ of mandamus directing them to deliver possession of the land for construction of Library Hall within stipulated time fixed by this Hon'ble Court or pass order/orders, Signature Not Verified direction/directions as deem fit and proper in the ends of justice;

And for this act of kindness, the petitioners as in duty bound shall ever pray.”

3. Learned counsel for the Petitioner submits that the Petitioner is a resident of Mouza-Tala Kadab in Kadab Gram Panchayat. Government had sanctioned Rs.5.00 lakhs vide letter No.185 dated 25.2.2025 for construction of Library Hall under MP LAD Scheme 2024-25. Pursuant to the said letter, proposal for selection of Government land by the Tahasildar, Bolagarh was made by the B.D.O, Bolagarh vide letter No.95 dated 09.01.2025. The matter was referred to the Revenue Inspector, Kadab by the Tahasildar, Bolagarh for selection of a plot from Anabadi land of Mouza-Tala Kadab measuring area Ac.0.050 dec. out of Ac.0.320 dec. Kisam-Abada Jogya Anabadi. The matter was reported to the Tahasildar, Bolagarh/Opposite Party No.2 by the Revenue Inspector, Kadab with trace map and Government R.O.R. The Opposite Party No.3/B.D.O had opened the construction file bearing Case No.04/2024-25 and issued work order in favour of the petitioner for construction of library Hall in Village Tala Kadab under Kadab Gram Panchayat.

4. He further submits that one Shankar Harichandan Signature Not Verified of Talakadab has covered the spot with bamboo pieces boundary after getting the information that Library Hall is going to be constructed on 29.5.2025. The villagers of Talakadab have also represented before the Tahasildar, Bolagarh /Opposite Party No.2 to evict the person who occupied the Government land for which the construction of library Hall sanctioned under MP LAD Scheme could not proceed. Hence this case.

5. At the outset, learned counsel for the State on instructions, submits that since the plot is lying vacant without any structure and proper occupation, hence, there is no impediment for the said building to come up.

6. Hence, the grievance of the Petitioner stands redressed.

7. Accordingly, the Writ Petition stands disposed of.

8. Interim order, if any, passed earlier stands vacated.

(Dr. Sanjeeb K Panigrahi)

Judge Gitanjali Signature Not Verified

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