Orissa High CourtLaxman Kumar Mohapatra vs State Of Odisha & Others .... Opposite ... on 7 December, 2023Author:R.K. PattanaikBench:R.K. PattanaikIN THE HIGH COURT OF ORISSA AT CUTTACK\n\n                                  W.P.(C) No.10658 of 2016\n\n            Laxman Kumar Mohapatra                    ....                Petitioner\n                                                     Ms. P.P. Tripathy, Advocate\n\n\n                                          -Versus-\n\n\n            State of Odisha & others                   ....           Opposite Parties\n                                                       Mr. Ishwar Mohanty, ASC\n\n\n                        CORAM:\n                        MR. JUSTICE R.K. PATTANAIK\n\n                                          ORDER07.12.2023\nOrder No.03.         1.      Heard Ms. Tripathy, learned counsel for the petitioner and\n            Mr. Mohanty, learned ASC for the State.2.      Instant writ petition is filed by the petitioner for grant of\n            compensation on account of illegal demolition which was carried\n            out by opposite party No.3 for the loss sustained.3.      Learned counsel for the petitioner submits that the\n            demolition was held in respect of portion of the dwelling house of\n            the petitioner without prior notice, hence, he is entitled for\n            compensation by the local Administration. It is claimed that such\n            demolition was held on 7th June, 2016 and it was without any\n            notice and demarcation.4.      The objection of Mr. Mohanty, learned ASC for the State is\n            noted down.5.      In course of hearing, Ms. Tripathy, learned counsel for the\n            petitioner submits that the petitioner may be granted the liberty to\n            make    a   representation   to   opposite      party   No.2     claiming\n            compensation for the illegal demolition.Page 1 of 26.        Since, such demolition without notice is alleged and loss\n                             caused on account of standing structure dismantled, the Court is of\n                             the considered view that the petitioner should be allowed to\n                             approach the local authority, namely, opposite party No.2 seeking\n                             compensation with an inquiry followed which would serve the\n                             purpose and meet the ends of justice.7.           Accordingly, it is ordered.8.        In the result, the writ petition stands disposed of with the\n                             liberty      allowed   in   favour   of    the   petitioner   to    submit   a\n                             representation addressed to opposite party No.2, which shall be\n                             within three weeks from today and on receipt of the same, it shall\n                             be examined considering the grievance and if necessary with an\n                             inquiry held and to pass necessary order vis-à-vis compensation as\n                             per and in accordance with law with due intimation about the same\n                             to him soon thereafter.9.        Urgent copy of this order be issued as per rules.(R.K. Pattanaik)\n                       Balaram                                                        JudgeSignature Not VerifiedDigitally SignedSigned by: BALARAM BEHERADesignation: Personal AssistantReason: AuthenticationLocation: HIGH COURT OF ORISSA, CUTTACK\nDate: 08-Dec-2023 18:56:04Page 2 of 2