(Through Hybrid Mode) vs State Of Odisha And Others
2022 Latest Caselaw 4253 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C) No.20179 of 2022
                                  (Through hybrid mode)
              Narayan Behera                          ....                    Petitioner
                                                           Mr. H. Mohapatra, Advocate

                                              -versus-
              State of Odisha and others             ....               Opposite Parties


                                                               Mr. A. K. Sharma, AGA

                        CORAM: JUSTICE ARINDAM SINHA
                                        ORDER

Order No.                              26.08.2022
   02.   1.    Mr. Sharma, learned advocate, Additional Government Advocate

appears on behalf of State and submits, this Bench does not have assignment

over the writ petition, where impugned is letter dated 2nd August, 2022

directing petitioner to vacate the shop room. The petition was moved on 12th

August, 2022 and the interim order passed. His client has filed counter and

also application for vacating the interim order. He submits further, the writ

petition relates to entry no.2 in assignment list of the Hon'ble Dr. Justice, B.

R. Sarangi.

2. Mr. Mohapatra, learned advocate appears on behalf of petitioner and

submits, the writ petition is covered by entry no.3 in assignment list of this

Bench. His client is in possession of the shop, which is an establishment

under the Act. He relies on a Division Bench judgment of this Court in Dr.

Nirupama Rath vs. State of Orissa, reported in 1996 (I) OLR 282,

paragraph 5. He submits, this Bench proceed with adjudication of the writ

petition and there be direction upon State to serve copy of counter and the

vacating application.

3. On query from Court Mr. Mohapatra has not been able to show a

provision in Odisha Shops and Commercial Establishments Act, 1956 that

provides for eviction from a shop room. It appears, the contention of State

regarding assignment is accepted. The writ petition is released from the list

and forthwith be placed before the Bench having assignment.

4. Since the order is not upon adjudication on merits, it will have no

effect on subsistence of the interim order.

(Arindam Sinha) Judge Prasant