Tapan Kumar Nanda vs State Of Odisha And Others
2022 Latest Caselaw 5713 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P (C) No. 27431 of 2022

Tapan Kumar Nanda                     .....                                  Petitioner
                                                             Mr. S.K. Dash, Advocate
                                      Vs.
State of Odisha and others            .....                            Opposite parties
                                                                 Mr. J. Patnaik, G.A.
             CORAM:
                DR. JUSTICE B.R. SARANGI

                                             ORDER

19.10.2022

Order No. W.P.(C) No. 27431 of 2022 & I.A. No. 14210 of 2022

This matter is taken up through hybrid mode.

2. Heard Mr. S.K. Dash, learned counsel for the petitioner and Mr. J.P. Patnaik, learned Government Advocate for the State.

3. The petitioner has filed this writ petition seeking to quash the letter dated 29.09.2022, by which the Additional District Magistrate, Jajpur-cum-Chairman, Regulated Market Committee, Jajpur issued notice to the petitioner asking him to vacate the godown by 21.10.2022 and also pay the arrear rent, otherwise he will be evicted by following due procedure of law and whatever material available inside the godown will be confiscated and action will also be taken against the petitioner by instituting a Certificate Case.

4. Mr. S.K. Dash, learned counsel for the petitioner contended that if the statutory authority constituted as per the provisions of law has allotted a shop room in favour of the petitioner where he is running his godown, he should not have been evicted without following due procedure of law. As such, merely the ADM being the Chairman of

regulated market committing by issuing such arbitrary order cannot evict the petitioner. To substantiate his contention he relied on the judgment of the apex Court in the case of Samir Sobhan Sanyal v. Tracks Trade Pvt. Ltd and others, AIR 1996 SC 2102. Learned counsel for the petitioner contended that whatever outstanding amount has been reflected against the petitioner, he will deposit the same within a period of ten days. According to him unless the petitioner is adjusted or accommodated in the new place where the market committee will come up, it is difficult on the part of the petitioner to vacate the materials kept inside the godown.

5. Mr. J.P. Patnaik, learned Government Advocate wants to take instruction in this matter.

6. Issue notice to the opposite parties.

7. One extra copy of the writ petition be served on Mr.J.P. Patnaik, learned Government Advocate appearing for opposite party no.1 within three days.

8. Requisites for issuance of notice to opposite parties 2 and 3 by speed post be filed within three days.

9. As an interim measure, there shall be stay operation of the order dated 29.09.2022 issued by opposite party no.3 under Annexure-2, till 09.11.2022.

10. Issue urgent certified copy as per rules.

Arun                                    (DR. B.R. SARANGI, J.)