Orissa High Court
Bibhu Charan Mohanty & Another vs State Of Odisha & Others ... Opp. Parties on 3 March, 2021
Author: S.Pujahari
Bench: S.Pujahari
CORAM : HON'BLE SHRI JUSTICE S.PUJAHARI
WPC No.8122 of 2021
Bibhu Charan Mohanty & another... Petitioners
- Versus -
State of Odisha & others ... Opp. Parties
ORDER
02. 3.3.2021 A memo has been filed by the learned counsel for the petitioners annexing the order of eviction passed by the Tahasildar-cum-Estate Officer, Chandbali, under the Orissa Public Premises (Eviction of Unauthorized Occupants) Act in Court today. The same be kept on record.
Heard learned counsel for the petitioners. This writ petition has been filed challenging the show cause notice dated 23.2.2021 issued by opposite party no.4- Tahasildar, Chandabali, vide Annexure-1, against the petitioner no.1.
The case of the petitioners is that though petitioner no.1 is not the actual allottee of the 24 hours medicine shop situated in Plot No.212, Khata No.127 of Mouza-Chandbali measuring an area of 25' x 20' out of Ac.1.22 dec. in Chandbali C.H.C, but a show cause notice of eviction has been issued against him on 2.3.2021 under the Odisha Public Premises (Eviction of Unauthorized Occupants) Act, vide Annexure-1, and without giving an opportunity of hearing, in a haste and hurried manner, the Tahasildar, Chandbali on the very day has issued an order of eviction. The said order of eviction annexing a memo has been filed today. Hence, a prayer has been made by the petitioner no.1 and his wife-allottee petitioner no.2 for quashment of the same.
2 Considering the aforesaid facts and the
submissions made, this writ petition is disposed of
with a direction to the opposite parties more particularly opposite party no.4-Estate Officer-cum-Tahasildar, Chandbali not to evict the petitioner no.2 allottee of the shop room located in the aforesaid land as it is stated that she is in lawful possession of the same and running a 24 hours medicine shop therein authorizedly but without any proceeding against her, pursuant to the proceeding initiated against petitioner no.1, she is going to be evicted therefrom. However, it is made clear that if she has been subjected to any order of eviction earlier adhering to due procedure of law and she is not personally possessing the same but the petitioner no.1 is possessing the same unauthorisedly and running his business therein illegally, there is no impediment on the part of opposite party no.4 to act pursuant to the order of eviction to evict the petitioner no.1 and demolish the structure therein.
Urgent certified copy of the order be granted on proper application in course of the day, if applied for.
..........................
PKS S.Pujahari, J.