Orissa High Court
Badal Kumar Das vs Cuttack Dev Elopement Authority .... ... on 17 May, 2022
Author: Biswanath Rath
Bench: Biswanath Rath
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C).No.12522 OF 2022
Badal Kumar Das .... Petitioner(s)
Mr.B.N.Mohapatra,
Advocate
-versus-
Cuttack Dev elopement Authority .... Opposite Party(s)
& Ors. Mr.Dayananda Mohapatra,
Advocate
CORAM:
JUSTICE BISWANATH RATH
ORDER
17.05.2022 Order No. 01 1. Heard learned counsel appearing for the parties.
2. Undisputedly, the application for regularization of the unauthorized construction did not contain no objection of all co-sharers. There is also submission to the effect that one of the co-sharers having strong fighting by way of litigation with the other co-sharers. There is also involvement of a partition suit pending for consideration of the Senior Civil Judge, Cuttack. In the circumstance, this Court finds the fate of the petitioner involving regularization of unauthorized construction hinges on the ultimate outcome in the Civil Suit. In the circumstance, this Court prima facie finds the application for regularization should have been kept pending at least till disposal of the suit. As a consequence, this Court is inclined to issue notice to the opposite parties on the question of admission.
3. Since opposite party nos.1 to 3 will be represented by Mr.Dayananda Mohapatra, learned counsel, three copies of the writ petition be served on Mr.Mohapatra within a period of three working days.
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4. Notice be issued to the opposite party no.4 by speed post/registered post with A.D. fixing a short returnable date requisites for which shall be filed within the aforesaid time. .
(Biswanath Rath) Judge ORDER 17.05.2022 Order No. I.A.No.6583 of 2022 02 1. Issue notice as above.
2. Accept one set of process fee.
3, As an interim measure, it is directed that status quo in respect of the development already taken as of now be maintained by all the parties till next listing of the case.
(Biswanath Rath) Judge Sks Page 2 of 2