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Orissa High Court

Aditya Kumar Mahapatra vs Jai Hanuman Samiti Charitable ...... ... on 24 January, 2024

Bench: B.R.Sarangi, Murahari Sri Raman

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                       W.P.(C) No. 7925 of 2018
Aditya Kumar Mahapatra          .....                          Petitioner
                                                Mr. P.K.Jena, Advocate

                                    Vs.

Jai Hanuman Samiti Charitable       ......                        Opposite Parties
Trust & Others
                                               Mr. Debakanta Mohanty, AGA
                                               Mr. H.N. Mohapatra, Advocate
                                                                      (O.P.1)
                                             Mr. A.C.R. Das, Advocate (O.P.2)
     CORAM:
         ACTING CHIEF JUSTICE DR. B.R.SARANGI
            MR.JUSTICE MURAHARI SRI RAMAN

                                       ORDER

24.01.2024 Order No. This matter is taken up through hybrid mode.

14.

2. Heard learned counsel for the parties.

3. In compliance of the order passed by this Court on 19.01.2024, an compliance affidavit is filed in Court duly sworn by Shri Shubhankar Mohapatra, Additional District Magistrate, Rourkela in the district of Sundargarh, wherein at paragraphs 3, 4 and 5 it has been stated as follows:-

<3. That it is humbly and respectfully submitted that on verification of record it is found that as a matter of fact a sum of Rs.43,00,000/- was not sanctioned for the construction of the Old Age Home at Hanuman Vatika, on the other hand a sum of Rs.22,00,000/- was sanctioned for construction of the Old Age Home out of the MPLAD Scheme. This has also been reflected in the joint enquiry report submitted to this Hon'ble Court earlier.
4. That the building constructed in Hanuman Vatika is an Old Age Home, however it is not yet fully functional. The fund has been utilized for construction of Old Age Home at Hanuman Vatika.
5. That in compliance to the order of this Hon'ble Page 1 of 2 Court the District Collector, Sundargarh vide letter no:- 4117/25.08.2023 and Commissioner, Rourkela Municipal Corporation vide his letter no:-
10775/05.09.2023 had intimated to the Secretary, Hanuman Vatika Trust to Utilize the said building for the purpose of Old Age Home only and not for any other purpose. Copies of those letters are annexed to this affidavit as ANNEXURE-A/4 and B/4 respectively.=
4. In view of such affidavit filed by Additional District Magistrate, the writ petition stands disposed of in terms of the averments made in the aforesaid paragraphs of the compliance affidavit.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE (M.S. RAMAN) JUDGE Aswini Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: PA(SECRETARY-IN-CHARGE) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jan-2024 10:17:43 Page 2 of 2