Manjula Mohanty vs State Of Odisha & Ors. .... Opposite ...
2025 Latest Caselaw 4611 Ori

Orissa High Court

Manjula Mohanty vs State Of Odisha & Ors. .... Opposite ... on 4 March, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                  W.P.(C) No.6260 of 2025

                                  Manjula Mohanty                 ....              Petitioner(s)
                                                                       Mr. Niranjan Lenka, Adv.
                                                            -versus-
                                  State of Odisha & Ors.          ....        Opposite Party(s)
                                                                        Mr. Sonak Mishra, ASC

                                          CORAM:
                                          HON'BLE DR. JUSTICE S.K. PANIGRAHI

                   Order                            ORDER
                   No.                             04.03.2025

01. 1. This matter is taken up through hybrid arrangement.

2. In filing this Writ Petition, the Petitioner has challenged

the notice of eviction bearing No.7066 dated 16.12.2024

issued by the Executive Officer, Baripada Municipality/

Opposite Party No.3.

Apart from the above, the Petitioner has also sought for a

direction from this Court to the Opposite Parties for not

demolishing the structure standing over the disputed

property in question.

3. Heard learned counsel for the Parties.

4. Learned counsel for the Petitioner, at the outset, submits

that the case of the present Petitioner is covered by the

decision of this Court vide judgment dated 29.10.2024 passed

Digitally Signed in W.P.(C) No.16110 of 2024 and batch of Writ Petitions. He,

Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa accordingly, submits that since the Petitioner stands on Date: 04-Mar-2025 17:38:38

similar footing, his case may be disposed of in terms of the

judgment dated 29.10.2024.

5. Considering the submission made on behalf of the

Petitioner, looking to the prayer made in this Writ Petition

and also keeping in view the judgment dated 29.10.2024

passed in W.P.(C) No.16110 of 2024, this Court is of the view

that the factual dispute involved herein cannot be

adjudicated by this Court. Accordingly, this Court remits the

matter back to the Executive Officer, Baripada Municipality

for reconsidering the case of the Petitioner and passing a

lawful order afresh taking into account the reply to be

submitted by the Petitioner.

6. The Petitioner is directed to appear before the Executive

Officer, Baripada Municipality along with all the supported

documents so also an authenticated copy of this order within

ten working days hence.

7. It is further directed that till a fresh order is passed by the

Executive Officer, Baripada Municipality taking into account

the reply of the Petitioner, no coercive action shall be taken

against the Petitioner pursuant to the notice of eviction

bearing No.7066 dated 16.12.2024.

8. This Writ Petition is, accordingly, disposed of.

Designation: Personal Assistant

Location: High Court of Orissa Date: 04-Mar-2025 17:38:38 (Dr. S.K. Panigrahi) Judge Ayaskanta