Orissa High Court
Minakshi Duria vs The State Of Odisha & Ors. .... Opposite ... on 24 July, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 19414 of 2024
along with W.P.(C) No. 19433, 19434 & 19441 of 2024
Minakshi Duria .... Petitioner(s)
(In W.P.(C) No.19414 of 2024)
Haresh Kumar Agrawal
(In W.P.(C) Nos19433 & 19434 of
2024)
Rajendra Prasad Mahapatra
(In W.P.(C) No.19441 of 2024)
Mr. Saswat Kumar Acharya, Adv.
-versus-
The State of Odisha & Ors. .... Opposite Parties
Mr. Manas Kumar Chand,
Adv. for O.P.2
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 24.07.2024
No.
07. 1. These matters are taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. Since common question of facts and law are involved in all the
above mentioned Writ Petitions, the same were heard together
and are being disposed of by this common order. However, this
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 28-Jul-2025 18:47:50
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Court felt it apposite to deal the W.P.(C) No.19414 of 2024 as the
leading case for proper adjudication of all these cases.
4. Instant Writ Petition is filed by the Petitioner challenging the
impugned notice under Annexure-3 followed by consequential
directions issued on the grounds stated therein.
5. At the outset, learned counsel for the Petitioner submits that
this Court has earlier decided the similar issue in the judgment
dated 29.10.2024 passed in W.P.(C) No.16110 of 2024 (Lagan
Agrawal -vrs.- State of Orissa & Ors.) along with batch of cases.
Hence, he submits that this Writ Petition may be disposed of in
the light of the judgment passed in the case of Lagan Agrawal
(supra).
5. Learned counsel for the Opposite Parties submit that he has no
objection, if this matter is disposed of in the light of the judgment
passed in the case of Lagan Agrawal (supra).
6. On perusal of the records and the judgment passed in the case
of Lagan Agrawal (supra), it appears that similar issue has
already been decided by this Court in the said judgment which
was disposed of on 29.10.2024. The ordering portion of the said
judgment is as follows.
"25. The impugned order dated 05.04.2024 passed by the Opposite
Party No.3/ Executive Officer, Bargarh Municipality, Bargarh in
Digitally Signed remitted back to the Opposite Party No.3/ Executive Officer,
Designation: Personal Assistant Bargarh Municipality, Bargarh to reconsider and pass order afresh
Reason: Authentication
Location: OHC
Date: 28-Jul-2025 18:47:50
// 3 //
considering the reply to the show cause along with the documents
filed by the Petitioner meticulously.
26.Consequently, all the connected Writ Petitions are also allowed
in terms of the aforesaid judgment/ order passed in W.P.(C)
No.16110 of 2024.
27. It is hereby clarified that until a fresh order is issued, as directed
above, the Petitioners in all referenced Writ Petitions shall remain
protected from eviction. The stay on eviction shall remain in effect
to ensure that the Petitioners' right to due process is fully honoured
and that they are not prejudiced by any administrative action taken
before the resolution of the reconsidered order. Accordingly, the
Opposite Parties are directed to refrain from any further eviction-
related actions concerning the Petitioners' occupancy of the
disputed property until fresh and reasoned orders are issued. It is
further made clear that the Petitioners should be allowed to produce
the documents related to the alleged encroached plots/ housing and
they shall be given personal hearing before passing a reasoned order
by the Bargarh Municipality. Any deviation to this direction should
be treated as a case for contempt."
7. Considering the submissions made by the learned counsel for
the parties and taking into account the judgment dated
29.10.2024 passed in W.P.(C) No.16110 of 2024, this Court is
inclined to accede to the submissions of the Petitioner.
Accordingly, W.P.(C) No.19414 of 2024 is allowed. the impugned
notice dated 03.08.2024/Annexure-3 issued by the Opposite Party
No.2/Executive Officer, Khariar is quashed. The matter is
remitted back to the Opposite Party No.2 to reconsider and pass
order afresh considering the reply to the show cause along with
the documents filed by the Petitioner meticulously.
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 28-Jul-2025 18:47:50
// 4 //
8. Consequently, all the connected Writ Petitions are also allowed
in terms of the aforesaid order passed in W.P.(C) No.19414 of
2024.
9. It is hereby clarified that until a fresh order is issued, as
directed above, the respective Petitioner(s) in all the above
mentioned Writ Petitions shall remain protected from eviction.
The stay on eviction shall remain in effect to ensure that the
Petitioners' right to due process is fully honoured and that they
are not prejudiced by any administrative action taken before the
resolution of the reconsidered order. Accordingly, the Opposite
Parties are directed to refrain from any further eviction-related
actions concerning the Petitioners' occupancy of the disputed
property until fresh and reasoned orders are issued. It is further
made clear that the Petitioners should be allowed to produce the
documents related to the alleged encroached plots/ housing and
they shall be given personal hearing before passing a reasoned
order by Executive Officer, Khariar. Any deviation to this
direction should be treated as a case for contempt."
10. Accordingly, all the Writ Petitions are disposed of.
11. Personal appearance of Tahasildar, Khariar is dispensed with.
Digitally Signed (Dr. S.K. Panigrahi)
Designation: Personal Assistant
Reason: Authentication
Judge
Location:Murmu
OHC
Date: 28-Jul-2025 18:47:50
