Petitioners sought injunction against eviction or demolition of shop rooms belonging to G.A. Department. Court found no record of eviction action and noted expired interim order, declaring application infructuous.
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W.P.(C) NO. 1755 OF 2013
The petitioners have filed this writ petition seeking direction to the opposite parties not to evict them from the shop rooms situated over the land of G.A. Department at ward no.8, Vanibihar, Bhubaneswar in the district of Khurda and allow them to continue in the said shop rooms or not to demolish the same and take any coercive action against the petitioners.
Learned counsel for the petitioners contended that the petitioners are in possession of the shop rooms situated over the land of G.A. Department at ward no.8, Vanivihar, Bhubaneswar since long and now steps are being taken for eviction/demolition of those shop rooms, for which the petitioners have approached this Court by filing the present writ petition.
Mr. D.K. Pani, learned Addl. Standing Counsel for the State opposite parties contended that nothing has been placed on record to indicate as to if any action has been taken against the petitioners for such eviction, but on mere apprehension of eviction the petitioners have approached this Court by filing this writ petition.
Mr. A.K. Das, learned counsel appearing on behalf of Mr. Amitav Das, learned counsel for opposite party no.4 contended that since the shop rooms are situated very close to the national highways and expansion of the same being required, the authority concerned has been moved for demolition of those shop rooms.
Considering the contentions raised by learned counsel for the parties, since nothing has been placed on record to indicate
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that any action has been taken against the petitioners for their eviction or demolition of the shop rooms situated over the land of the G.A. Department at ward no.8, Vanibihar, Bhubaneswar, in absence of an material this Court is unable to accept the contention of learned counsel for the petitioners that any action is being taken against the petitioners by the opposite parties. More so, this is a matter of 2013 and when the matter was entertained this Court passed an interim order on 04.02.2013 that status quo shall be maintained. The said interim order was extended on 20.02.2013 and thereafter it has neither been extended nor continued. In that view of the matter, the writ application has become infructuous and is disposed of as such. However, disposal of this writ petition will not preclude the petitioners to move before the appropriate forum if so advised.
……………………….. (DR. B.R. SARANGI) JUDGE
GDS
1 issue framed by the court
Whether to grant relief to petitioners seeking direction not to evict them from shop rooms or demolish them.
petitioners
State
Amitav Das
DR. B.R. SARANGI
As recorded by the court registry
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