Orissa High CourtManjulata Nayak vs State Of Odisha & Another .... Opp. ... on 2 June, 2022Author:M.S. SahooBench:M.S. SahooIN THE HIGH COURT OF ORISSA AT CUTTACK\n\n                                   CMP No. 494 of 2022\n\n                   Manjulata Nayak                      ....           Petitioner\n\n                                         Mr. A.P. Bose, Advocate\n\n                                         -versus-\n                   State of Odisha & another            ....         Opp. Parties\n\n                                         Mr. R.P. Mohapatra, Addl. Govt.\n                                         Advocate\n\n                                        CORAM:\n                                   JUSTICE M.S. SAHOO\n\n                                       ORDEROrder No.                           02.06.2022\n    01.       1.      This matter is taken up through hybrid mode.\n              2.      Heard.\n              3.      The   petitioner   has   challenged    the    order   dated05.05.2022 passed by the learned District Judge, Balasore in\n              I.A. No.18 of 2022 arising out of RFA No.39/2021 rejecting\n              the petition filed under Order-39 Rule-3of the CPC.4.      It is fairly submitted by the learned counsel for the\n              petitioner that the observation of the learned court below to\n              the extent that even though the aforesaid factual aspect has\n              been contended on behalf of the petitioner/appellant, no\n              cogent material was placed on record which will go to show\n              that the state government is taking any step for construction\n              of a bus terminal on the suit land; would be correct but the\n              fact remains that the petitioner has obtained the information\n              under theRTI Actfrom the Tahasildar, Remuna by letter\n              No.3773 dated 18.05.2022 (Annexure-4), which discloses the\n\n  RJ/S Dash\n              issuance of notice inviting objections for transferring of land\n              to the Transport Department of the Government, pertaining\n              to Khata No.432, Plot Nos.561 and 562 under Mouza-\n              Gambharia as mentioned in the Notice dated 31.12.2021.// 2 //5.    Since the land was notified to be transferred to the\nDepartment of Commerce and Transport (Transport), Odisha,\nlearned AGA, referring the order of the learned District Judge\nsubmits that the notification is dated 31.12.2021 and it is\nhighly unlikely that the petitioner was not aware of the same.\nThe learned AGA by further submissions supports the order\npassed by the learned District Judge, Balasore.6.    Having heard learned counsel for the parties, the CMP\nis disposed of granting liberty to the petitioner to move the\nlearned District Judge, Balasore for renewing his prayer\nunder Order 39 Rule-3of the CPC, in view of the submissions\nthat the petitioner could collect the material only by RTI\ninformation dated 18.05.2022.The learned District Judge, Balasore shall consider the\npetition in accordance with law and pass appropriate orders.7.    It is clarified that this Court has not expressed any\nopinion on the merits of the case in any manner whatsoever.8.    The petitioner shall have the liberty to move the learned\ncourt during vacation by convincing the learned court\nregarding urgency after giving notice to other side.9.    The CMP is accordingly disposed of.Issue urgent certified copy as per rules.\n      The copy of the order be uploaded.(M.S. Sahoo)\n                                        Vacation JudgePage 2 of 2