By filing this writ petition, petitioner has assailed the action of the Opp. party No.
3-Executive Officer, Koraput Municipality in evicting the petitioner by demolishing his Stall
No.9 situated inside the daily market of Koraput Municipality simply by a Mike announcement an
d without following due process of law.
There is no denial to the fact that the demolition has already given effect to and tha
t inspite of issuance of notice, the Opp. party No.3 is not appearing in the matter to contest
. This Court vide order dated 13.6.2016 had permitted the petitioner to file an application b
efore the Opp. party No.3 seeking alternate arrangement of his business for being disturbed b
y the action of the Municipality. It has been brought to the notice of this Court by way of an
additional affidavit that the petitioner has already made an application to the Municipal Aut
hority since 21.6.2016 and it is alleged that there has been no decision on the above applicat
ion of the petitioner as on date. It is further brought to the notice of this Court by Mr. Dha
l, learned counsel for the petitioner that there are some shop rooms lying vacant in the marke
t complex at New Market constructed at the instance of the Municipality.
Considering the submission of Mr. Dhal, learned counsel for the petitioner and looking
to the fact that Opp. party No.3 is not coming forward to contest the matter and since the p
etitioner has already made an application making a request to accommodate him for continuance
of his business, this Court disposes of this matter directing the Opp. party No.3 to consider
the representation of the petitioner for an alternate accommodation, in the event any vacant
shop room is available in the market complex at New Market.
Let the entire exercise be over within a period of 1 months from the date of communic
ation of this order.
