B.Satyanarayan v. State of Odisha
Case brief
What is this about?
Petitioner challenged eviction notice for land where he resided. Court directed authority to accept written response from petitioner and consider it after hearing, maintaining status quo pending decision.
What did the court decide?
Authority directed to accept petitioner's response to eviction notice within ten days, hear the petitioner, and decide the matter while maintaining status quo.
What the court decided
A compact analysis
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W.P.(C) NO. 14277 OF 2021
- 16.04.2021
The matter is taken up by video conferencing mode.
The Petitioner by filing this writ application has prayed for quashing the notice dated 12.04.2021 issued by the Opposite Party No.4-Municipal Commissioner, Berhampur Municipal Corporation under section 399(1)/403(1)/404/408 /624(1) of the Orissa Municipal Corporation Act under Annexure-3.
Learned counsel for the Petitioner submits that this Petitioner is in possession of the said land in question since long and he having constructed a house over there is residing with his family. He further submits that all of a sudden, the Petitioner having received the notice was surprised to take note of the fact that he has been asked to vacate the land within a day of receipt of the same. It is his submission that the Petitioner thus has not been given the opportunity to place his case in the matter for consideration of the Opposite Party No.4 in taking a final decision as to eviction of the Petitioner from the said land in question.
Learned counsel for the State is not in a position to dispute the fact as reveals from Annexure-3 that the Petitioner has been directed to vacate the land in his occupation just on the next day of receipt of the said notice that too without being provided with the opportunity to place his case for consideration.
= 2 =
Considering the submissions made and on going through the averments taken in the petition as also the documents annexed thereto; this writ petition stands disposed of with a direction to the Opposite Party No.4 to accept the response of the Petitioner to the said notice under Annexure3, if so filed within a period of ten days hence and consider the same in its proper perspective and dispose it of after hearing the Petitioner in accordance with law. Till a decision is rendered in the matter by the Opposite Party No.4 on receipt of the response from the Petitioner, status-quo in respect of the land in question as it stands today shall be maintained.
Issues for consideration
1 issue framed by the court
Whether the eviction notice issued without a hearing can be quashed on grounds of denial of opportunity to be heard.
Parties & counsel
- petitioner
Petitioner
- respondent
Municipal Commissioner, Berhampur Municipal Corporation
Coram
D. Dash
Case details
As recorded by the court registry
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