"In the result, the writ petition stands disposed of with a direction to the petitioners to vacate and relocate the idol from the premises of the Govt. quarters (No.4/1, Type-II Unit-III, Bhubaneswar) under Kharavelanagar PS allotted in favour of one Pradip Kumar Mohanty within two months’ from today positively. It is further directed that in the event, the aforesaid direction is not complied with within the time stipulated, the authority concerned and in particular, BDA shall be at liberty to proceed and to take action as per and in accordance with law."
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18717of 2023
Aju Prasad Mahapatra and Othe
-Versus-
State of Odisha and Others
MR. JUSTICE R.K. PATTANAIK
MR. JUSTICE SANJAY KUMAR MISHRA
ORDER
12.06.2023 Order No.01.
1. Heard Mr. Mishra, learned counsel for the petitioners and Mr. Nanda, learned AGA for the State opposite parties.
2. Instant writ petition is filed by the petitioners challenging the action of demolition in respect of a temple situate within the schedule property and to postpone it till the end of February, 2024 so as to enable them to complete the construction of a new temple at its relocated site.
3. Learned counsel for the petitioners submits that the petitioners are the inhabitants of Bhubaneswar town and devotees of Goddess Maa Tarini and they offer darshan and seva puja on a daily basis in the said temple, however, in the meantime, the BDA has contemplated to demolish the same. It is further submitted that the consent of the State Govt. has not been obtained by the BDA and therefore, the action is illegal. In response to the above, learned AGA for the State submits that GA and PG Department, Govt. of Odisha has not been made a party and therefore, such a plea of the petitioners as to absence of consent of the State Government should not be entertained.
4. In course of hearing, Mr. Mishra, learned counsel for the petitioners submits that at least, reasonable time should be allowed to relocate the idol with construction of a new temple at the site earmarked which would meet the ends of justice for the present. An objection is received from the learned AGA for the State-opposite parties with regard to grant of almost six months time for shifting of the idol as it has been pleaded for by the petitioners.
5. Considering the limited prayer of the petitioners, the Court is of the view that two months' time would be reasonable for shifting and relocation of the idol either permanently or through a makeshift, as it is not inclined to interfere with the action of the BDA on any such ground so raised. In other words, while not interfering with the action of the BDA in so far as the demolition of the temple is concerned, the Court is of the humble view that the petitioners should be allowed two months' time to vacate the premises of the Govt. quarters and relocate the idol which would instead serve the purpose.
6. Accordingly, it is ordered.
7. In the result, the writ petition stands disposed of with a direction to the petitioners to vacate and relocate the idol from the premises of the Govt. quarters (No.4/1, Type-II Unit-III, Bhubaneswar) under Kharavelanagar PS allotted in favour of one Pradip Kumar Mohanty within two months' from today positively. It is further directed that in the event, the aforesaid direction is not complied with within the time stipulated, the authority concerned and in particular, BDA shall be at liberty to proceed and to take action as per and in accordance with law.
8. A certified copy of this order be granted as per rules.
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