The Court dismissed a writ petition challenging a notice to vacate an unsafe shop room. It declined interference with the safety order but assured priority consideration for re-allotment post-repair.
Notice to vacate kept in force; petitioner granted priority for re-allotment if premises are repaired.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) NO.20046 OF 2015
10.11.2015 Heard learned counsel for the petitioner.
2. This Writ Petition has been filed by the petitioner challenging the notice dated 06.10
.2015 issued by the Commissioner, Sambalpur Municipal Corporation, Sambalpur directing the pet
itioner to vacate the Shop Room No.13 at Modipara, Sambalpur within a period of thirty days fr
om the date of receipt of the order as the same has been declared unsafe by the competent auth
ority.
3. It is contended by the petitioner that an agreement was entered into between the petit
ioner with the erstwhile Sambalpur Municipality for allotment of Shop Room No.13 at Modipara,
Sambalpur for commercial purpose on payment of license fees. The petitioner is continuing his
business from the said licensed shop room. The license fees for the period July, 2015 to Septe
mber, 2015 was paid on 08.10.2015. On 06.10.2015 the Commissioner, Sambalpur Municipal Corpora
tion, Sambalpur issued a notice to the petitioner which was received by him on 15.10.2015, dir
ecting to vacate the shop room and clear all outstanding dues of license fee within a period o
f thirty days from the date of receipt of the order as the said shop room has been declared un
safe by the competent authority.
4. The shop room has been declared unsafe by the competent authority, therefore, this Cou
rt is not inclined to interfere with the impugned notice. However, after demolition or repairi
ng / necessary modification of the shop room in question, if the Municipal Corporation intends
for fresh allotment of the same, in such event, the case of the petitioner shall be considere
d on priority basis as he was in occupation of the shop room for a long period.
The Writ Petition along with Misc. Case is accordingly disposed of.
S.Panda, J.
2
1 issue framed by the court
Whether the Writ Petition challenging the notice to vacate an unsafe shop room should be interfered with.
Petitioner
Commissioner, Sambalpur Municipal Corporation, Sambalpur
S.Panda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court