Orissa High Court
Bapi Singh & Anr vs State Of Odisha & Ors. .... Opposite ... on 11 March, 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. 7000 of 2025
Bapi Singh & Anr .... Petitioner(s)
Mr. Jagannath Bhuyan, Adv.
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. Debasish Nayak, AGA
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 11.03.2025
No.
01. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The present Writ Petition has been filed by the Petitioners with
the following prayer:
"The petitioners therefore, pray that this Hon'ble Court may be
graciously pleased to admit the writ application issue a Rule NISI
calling upon the Opp. Parties to show cause as to why the Notice
No. 452 dated 17.02.2025 issued by the Executive Officer, Talcher
Municipality-Opp. Party No.6 as given under Annexure-3 shall
not be quashed and Opp. Party No. 6 may be directed to consider
the objection under Section-254(2) of the Odisha Municipal Act as
given under Annexure-4 and if the Opp. Parties fail to show cause
Signed by: LITARAM MURMU quashing Annexure-3 directing the Opp. Party No.6 not to
Designation: Personal Assistant
Reason: Authentication demolish the house of the petitioners over the schedule land;
Location: OHC
Date: 11-Mar-2025 18:44:06
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And/or pass any other order/orders as think deem fit and
proper."
4. Learned counsel for the Petitioners 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
Odisha and Ors.) and batch of Writ Petitions. 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 State 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:
" xxx xxx xxx
25"The impugned order dated 05.04.2024 passed by the Opposite Party
No.3/ Executive Officer, Bargarh Municipality, Bargarh in Encroachment
Case No.01 of 2024 is quashed. The matter is remitted back to the
Opposite Party No.3/ Executive Officer, Bargarh Municipality, Bargarh
to reconsider and pass order afresh considering the reply to the show cause
along with the documents filed by the Petitioner meticulously.
Digitally Signed terms of the aforesaid judgment/ order passed in W.P.(C) No.16110 of
Signed by: LITARAM MURMU
Designation: Personal Assistant 2024.
Reason: Authentication
Location: OHC
Date: 11-Mar-2025 18:44:06
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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.
28. Accordingly, all the Writ Petitions are disposed of."
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 and batch of Writ
Petitions, this Court is inclined to accede to the submissions of
the learned counsel for the Petitioners. Accordingly, this Court
directs the Opposite Parties to refrain from any further eviction-
related actions concerning the Petitioners' occupancy of the
disputed property until fresh and reasoned order is issued. It is
further made clear that the Petitioners should be allowed to
produce the documents relating to the alleged encroached plots/
housing and they shall be given personal hearing before passing
a reasoned order by the Talcher Municipality. Any deviation to
Digitally Signed this direction should be treated as a case for contempt.
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 11-Mar-2025 18:44:06
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8. Accordingly, this Writ Petition is disposed of.
(Dr. S.K. Panigrahi)
Judge
Murmu
Designation: Personal Assistant
