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Orissa High Court
Babaji Charan Sahu vs Sub-Collector-Cum-Presiding ..... ... on 21 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.24893 of 2025
Babaji Charan Sahu ..... Petitioner
Represented by Adv. -
Mr.K.Nanda, Adv.
-versus-
Sub-collector-cum-presiding ..... Opposite Parties
Officer, Sub-divisional Senior
Citizens Tribunal, Bbsr and
others
Represented by Adv. -
Mr.G.Mohanty, SC
Mr.B.Baug, Sr.Adv.
Mr.M.R.Baug, Adv.
Mr.P.R.Barik, Adv.
CORAM:
MR. JUSTICE ANANDA CHANDRA BEHERA
ORDER
21.01.2026
Order No.
09. 1. This matter is taken up through hybrid mode.
2. The matter was listed today for personal hearing
from the Petitioner Babaji Charan Sahu and the O.P.
No.4 Himanshu Sekhar Sahu inside the chamber in
presence of the learned counsels of the Parties.
3. The Petitioner Babaji Charan Sahu, the O.P. No.4
Himanshu Sekhar Sahu and the learned counsel for the
Parties are present inside the chamber at 2 P.M..
4. The learned counsel Mr.P.R.Barik submitted
Vakalatnama on behalf of the O.P. No.5 and the said
Vakalatnama is accepted and be formed part of the
record.
5. Accordingly, on the basis of the previous order,
the personal hearing from the Petitioner Babaji Charan
Sahu and the O.P. No.4 Himanshu Shekhar Sahu started
in presence of the learned counsel of the Parties.
6. During the course of personal hearing of the
Petitioner Babaji Charan Sahu and the O.P. No.4
Himanshu Sekhar Sahu in presence of the learned
counsel of the Parties, the Petitioner Babaji charan Sahu
expressed that, he is interested to reside in the ground
floor of the building situated on Plot No.760 under
Khata No.487 in Mouza Bhubaneswar Town, Unit
No.19, Baramunda and to spend the rest period of his
life, as he is at the fag end of his life and his present age
is 86 years, for which, the O.P. No.4 (Himanshu Sekhar
Sahu) should allow him to stay in the ground floor of
the building situated on Plot No.760.
To which, the O.P. No.4 Himanshu Sekhar Sahu
did not agree and expressed that, he is staying in the
first floor of the building situated on Plot No.760 under
Khata No.487 in Mouza Bhubaneswar Town, Unit
No.19, Baramunda and the ground floor of that house
has been let out to the tenants other than the O.P. No.5
and there is only one way for moving to the first floor
through the ground floor and at any cost, he cannot
allow/permit the Petitioner to stay inside the ground
floor of such building and the O.P. No.4 also expressed
that, he is willing to provide Rs.20,000/- (Twenty
thousand) per month to his father i.e. Petitioner Babaji
Charan Sahu in lieu of his staying inside the ground
floor of the building situated on Plot No.760.
To which, the Petitioner Babaji Charan Sahu did
not agree and expressed that, he has sentimental
attachment to the ground floor of the building situated
on Plot No.760 in Bhubaneswar Town, Unit No.19,
Baramunda and even if, he will be paid Rs.1,00,000
(one lakh) per month, in lieu of his staying in the
ground floor, still then, he is not agree to receive the
same, but, he is eagerly interested to reside in the
ground floor of the building situated on Plot No.760
under Khata No.487 in Mouza Bhubaneswar Town,
Unit No.19, Baramunda for the rest period of his life.
7. The O.P. No.4 Himanshu Sekhar Sahu expressed
that, the Petitioner Babaji Charan Sahu has been
residing with his middle son Sashank Sekhar Sahu at
Pokhariput, Bhubaneswar and he (Petitioner) is residing
there since last 16 years.
To which, the Petitioner Babaji Charan Sahu did
not dispute, but, expressed that, he is not interested to
stay there for the rest period of his life, but, he is
interested to spend his rest period of his life in the
ground floor situated on Plot No.760 under Khata
No.487 Mouza Bhubaneswar Town, Unit No.19,
Baramunda, which is his native village.
8. Taking the aforesaid personal expressions of the
Petitioner Babaji Charan Sahu and the O.P. No.4
Himanshu Sekhar Sahu into account, the learned
counsels of both the sides submitted for listing this writ
petition on 09.02.2026 for hearing in the Court.
9. So, as per the above submissions of the learned
counsels of the Parties, list this writ petition on dated
09.02.2026 for hearing in the Court.
10. It is made clear here that, the personal
expressions of the Petitioner Babaji Charan Sahu and
the O.P. No.4 Himanshu Sekhar Sahu made today along
with others shall be taken into account at the time of
judgment.
11. The interim order, which was continuing till
today, the same shall continue till next date.
( ANANDA CHANDRA BEHERA)
Judge
Binayak
Location: High Court of Orissa, Cuttack
