Orissa High Court
Mohinia Bai [email protected] Bai ... vs Sambalpur Municipality on 11 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.9746 of 2023
Mohinia Bai [email protected] Bai Gupta .... Petitioner
Mr. P.K. Khuntia, Advocate
-Versus-
Sambalpur Municipality, Sambalpur & .... Opposite Parties
Another
Mr. P.K. Rout,
Additional Government Advocate
CORAM:
JUSTICE R.K.PATTANAIK
ORDER
Order No. 11.05.2023
04. 1. Heard Mr. Khuntia, learned counsel for the petitioner.
2. None appears for the opposite parties despite service of
notice.
3. Instant writ petition is filed by the petitioner for a direction
to the opposite parties not to evict him and demolish his residential
house situate over Plot No. 241 (Part) measuring an area of Ac.05
decimals under Khata No. 1180 of the concerned mouza in
Sambalpur town and also for a direction for its settlement in his
favour in view of judgment and decree dated 21st July, 2004 and 31st
July, 2004 in T.S. No. 183 of 1997 under Annexure-4.
4. Learned counsel for the petitioner submits that the opposite
parties are contemplating to evict him from the schedule land and
demolish the structure standing thereon without following due
process of law. In support of such possession, learned counsel for the
petitioner refers to the copies of the holding tax receipts, electricity
bills and other documents as at Annexures 1, 2 series and 3 series.
Furthermore, it is submitted that the opposite parties have been
injuncted from taking any action as per the provisions of Odisha
Municipality Act by the judgment vide Annexure-4. Notwithstanding
with the above, it is lastly submitted that action is contemplated
against the petitioner from the side of the opposite parties as in the
meantime many structures situate nearby have been demolished by
them.
5. Gone through Annexure-4. As it appears, the petitioner had
approached the civil court in T.S. No. 183 of 1997, which was
disposed of by a judgment dated 21st July, 2004. It was a suit at the
behest of the petitioner challenging the action and issuance of notice
under Section 254 of the Odisha Municipality Act, which was
declared void and consequently, the opposite parties-defendants
were restrained by injunction from removing any such structure from
over the schedule land save and except following due process of law.
It is contended that illegally the opposite parties are trying to evict
the petitioner from the schedule land without following due process
of law despite the fact that the civil court's judgment and decree
dated 21st July, 2004 and 31st July, 2004 i.e. Annexure-4. It is
informed to the Court that there has been no notice issued by the
opposite parties. In fact, eviction and demolition the structure over
the schedule land is apprehended by the petitioner.
6. In view of the above facts and submissions of the learned
counsel for the petitioner, the Court is of the view that since there is
a judgment and decree of the Civil Court vide Annexure-4, the
opposite parties shall have to ensure eviction and demolition of the
residential house of the petitioner standing over the schedule land
only by following the due procedure of law.
7. Accordingly, it is ordered.
8. In the result, the writ petition stands disposed of with a
direction to the opposite parties to ensure eviction of the petitioner
with the demolition from over the schedule land situated over Plot
No. 241 (Part) Khata No. 1180 of the concerned mouza in the town
of Sambalpur by following due process of law only after providing
due opportunity of hearing to him and till then, he shall not be
evicted therefrom.
9. A certified copy of this order be issued as per rules.
(R.K.Pattanaik)
Judge
Balaram
BALARAM BEHERA Digitally signed by BALARAM BEHERA
Date: 2023.05.12 17:09:14 -07'00'
