Disposed

Budhadeb Baida v. the Collector, Keonjhar

Orissa HC26 Aug 2020WP(C)/20997/2020

Case brief

AI extract

What is this about?

The Court observed that eviction orders cannot be enforced if the petitioner could not file a show cause reply due to the COVID-19 lockdown. The respondent Tahasildar must entertain the reply if filed within fifteen days and pass a speaking order within two months, and eviction must be stuck pending disposal.

What did the court decide?

Stayed eviction and directed respondent to entertain delayed reply within 15 days and pass order within 2 months.

Budhadeb Baida Vs the Collector, Keonjhar — Landlord and Tenant | Orissa HC (2020)

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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

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W.P.(C) No.20997 of 2020

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Budhadeb Baida

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Paresh Baida … Petitioners

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Versus –

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The Collector, Keonjhar and another … Opp. Parties

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O R D E R

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26.08.2020

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In the wake of the pandemic Covid-19, the case is taken up through V.C.

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Heard the learned counsel for the petitioners and the learned counsel for the State.

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The grievance of the petitioners in this case is that in the eviction proceeding bearing No.RCCMS Case No.4478/2020 on the file of the Tahasildar, Champua though they were issued notice of show cause, but for lockdown imposed to prevent the spread of Covid-19 virus, they could not file the show cause reply and an order has been passed for their eviction and they have been issued final notice of eviction dated 29.07.2020 vide Annexure-3, which is contrary to the direction given by this Court in W.P.(C) No.9095 of 2020. As such, he has come to this Court to quash the aforesaid eviction notice.

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However, considering the facts and submissions made and also without going to the merit of the case, this Court disposes of this writ petition with the observation that if any order of eviction is passed in the absence of any show

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cause filed by the petitioners in eviction proceeding due to the lockdown Covid-19, the opposite party no.2-The Tahasildar, Champua shall entertain the show cause of the petitioners, if the same is filed within fifteen days hence and hear the petitioners in the eviction proceeding and thereafter pass a speaking order within a period of two months of filing of such show cause.

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However, the petitioner shall not be evicted from the premises in question till disposal of the eviction proceeding without any final order in this regard or even if the order is passed for eviction, if the order passed in the writ petition as aforesaid is in force them, without leave of this Court in the aforesaid writ petition.

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As lock-down period is continuing for COVID-19, learned counsel for the petitioners may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587 dated 25.03.2020.

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………………….. S.Pujahari, J.

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Budhadeb Baida v. the Collector, Keonjhar

Case brief

What is this about?

What did the court decide?

Budhadeb Baida v. the Collector, Keonjhar

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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