Kumar Deepak Narula vs State Of Odisha & Ors. .... Opposite ...
2024 Latest Caselaw 10414 Ori

Orissa High Court

Kumar Deepak Narula vs State Of Odisha & Ors. .... Opposite ... on 24 June, 2024

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.5882 of 2018

                 Kumar Deepak Narula                   ....                Petitioner

                                                                    Proxy Counsel


                                           -versus-
                 State of Odisha & ors.                ....       Opposite Parties

                                                               Mr. P.K. Rout, AGA

                      CORAM: JUSTICE SANJAY KUMAR MISHRA

                                          ORDER

24.06.2024

Order No.

12. This matter is taken up through hybrid mode.

2. Heard Mr. B. Baivab, learned Proxy Counsel on behalf of Mr. S. Pattanaik, learned Counsel for the Petitioner so also Mr. P.K. Rout, learned AGA for the State-Opposite Parties.

3. The judgment cited by the learned Proxy Counsel is taken on record.

4. As is revealed from the order sheet of the case record, the co-ordinate Bench, vide order dated 11.04.2018 in Misc. Case No. 5013 of 2018, passed the following order:-

"Heard learned counsel for the petitioner.

As an interim measure, it is directed that members of the petitioner's society shall not be evicted from their place of business provided they go on paying 70% (seventy percent) of the monthly rent fixed by the G.A. Department.

Issue urgent certified copy."

(Emphasis supplied)

5. Admittedly, the Petitioner is an individual, not a Society or Association of shop owners, who has taken on lease basis the Shop Room situated at Unit-2 Market Building in the name and style "Narula Cloth House Textiles" and is operating its business over the 50% of the leased out premise. The proforma Opposite Party No-2, who is the brother of the Petitioner, owns and manages separate business concern in the name "Narula Cloth House" over the remaining 50% of the leased out premise.

6. Hence, a query being made by this court as to whether the said interim order is made applicable to all the shop room owners, who are the members of Central Market Association or has been confined to the present Petitioner and his brother only and whether there was any further proposal to enhance the license fee of the shop rooms situated at Unit-2 Market Building, Mr. Rout, learned A.G.A prays for an adjournment to take instruction in the said regard.

7. Matter be listed in the week commencing from 15th July, 2024, as prayed for.

(S. K. MISHRA) JUDGE Banita

Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 25-Jun-2024 18:53:44