Disposed

Om Prakash Juneja@Om Prakash v. Sambalpur Municipal Corporation

Orissa HC10 Nov 2015WP(C)/20051/2015

Case brief

AI extract

What is this about?

This writ petition challenged a notice to vacate an unsafe shop room. The Court declined to interfere with the safety declaration but directed priority consideration for re-allotment post-repair. The petition was disposed of without further relief.

What did the court decide?

Priority consideration for fresh allotment of the shop room after repair or modification.

Om Prakash Juneja@Om Prakash Vs Sambalpur… — Municipal and Town Planning | Orissa HC (2015)

¶1

 W.P.(C) NO.20051 OF 2015
10.11.2015 Heard learned counsel for the petitioner.

¶2

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.2 at Modipara, Sambalpur within a period of thirty days fro
m the date of receipt of the order as the same has been declared unsafe by the competent autho
rity.

¶3

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.2 at Modipara, S
ambalpur for commercial purpose on payment of license fees. The petitioner is continuing his b
usiness from the said licensed shop room. The license fees for the period July, 2015 to Septem
ber, 2015 was paid on 05.11.2015. On 06.10.2015 the Commissioner, Sambalpur Municipal Corporat
ion, Sambalpur issued a notice to the petitioner which was received by him on 15.10.2015, dire
cting to vacate the shop room and clear all outstanding dues of license fee within a period of
 thirty days from the date of receipt of the order as the said shop room has been declared uns
afe by the competent authority.

¶4

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.

¶5

Om Prakash Juneja@Om Prakash v. Sambalpur Municipal Corporation

Case brief

What is this about?

What did the court decide?

Om Prakash Juneja@Om Prakash v. Sambalpur Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Case details

Similar cases

Panchu Kahali Vs Bansidhara Behera

Dr.Binod Ch.Mohanty Vs Cm,Sbi

Premalata Dalai Vs State

D.Prakash Rao Vs Sambalpur Municipal Corporation

Pradeepta Mohapatra Vs Collector-Cum-Dm,Jagatsinghpur

Bidyadhar Sahoo Vs State of Orissa