Orissa High Court
Ramavatar Agarwal & Ors vs State Of Odisha & Anr. .... Opposite ... on 21 March, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
// 1 //
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.8327 of 2025
Ramavatar Agarwal & Ors. .... Petitioner(s)
Mr. Amit Prasad Bose
-versus-
State of Odisha & Anr. .... Opposite Parties
Ms. Gayatri Patra, ASC
Mr. Jugala Kishore Panda, Adv.
(for Bargarh Municipality)
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER
No. 21.03.2025
01. 1. These matters are taken up through hybrid arrangement.
2. Though this matter was not listed today, on being mentioned
during the first hour, the same is taken up through "Special
Notice" at 2 P.M.
3. Heard learned counsels for the parties.
4. The Petitioners have filed this Writ Petition challenging the
eviction notice dated 13.03.2025 issued by the Opposite Party
No.2/Executive Officer, Bargarh Municipality in Misc. Case
No.1/2025 under Annexure-1.
Page 1 of 4
// 2 //
5. 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 and batch of matters (Lagan
Agrawal-vrs.- State of Orissa & Ors.). 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).
6. Learned counsel for the Opposite Parties submits 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).
7. 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.
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
Page 2 of 4
// 3 //
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."
8. 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 Petitioner. Accordingly, the eviction
notice dated 13.03.2025 issued by the Opposite Party
No.2/Executive Officer, Bargarh Municipality in Misc. Case
No.1/2025 is quashed. It is also directed that the Opposite Parties
to refrain from any further eviction-related actions concerning
the Petitioner's occupancy of the disputed property until fresh
and reasoned order is issued. It is further made clear that the
Petitioner should be allowed to produce the documents relating
to the alleged encroached plots/ housing and he shall be given
personal hearing before passing a reasoned order by the Bargarh
// 4 //
Municipality. Any deviation to this direction should be treated as
a case for contempt.
9. Accordingly, this Writ Petition is disposed of.
(Dr. S.K. Panigrahi)
Judge
Sumitra
Location: High Court of Orissa, Cuttack
