The Court disposed of a writ petition challenging eviction from leased land. It held the petition incompetent as the remedy lies in the appropriate civil forum for lease violations, not in this High Court, though liberty was granted for future relief.
Writ petition disposed of; liberty granted to approach the appropriate forum for remedy.
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W.P.(C) No. 38185 of 2020
Heard Mr. R. Acharya, learned counsel for the petitioner and Mr. U.K. Sahoo, learned Addl. Standing Counsel for the State.
The petitioner has filed this writ petition seeking direction to the opposite parties not to evict the petitioner from the lease land measuring total area 100 sqft. appertaining to Plot No. 3068, Khata No. 534, Mouza-Digapahandi site at Punjikanya Chakka of Branch Office of R.M.C.S. (Back Side) without following due procedure of law.
Mr. R. Acharya, learned counsel for the petitioner contended that the petitioner entered into a lease agreement on 01.01.2020 for a period of 10 years subject to renewal after completion of each 11 months, as per the terms and conditions mentioned therein. But without following due process, now the opposite parties are taking steps for eviction and, therefore, the petitioner has approached this Court by filing the present writ petition.
Mr. U.K. Sahoo, learned Addl. Standing Counsel appearing for the State contended that since right has accrued in favour of the petitioner by virtue of the lease agreement executed between the parties, for violation of any of the conditions contained therein, the petitioner has got remedy to approach the appropriate forum, but instead of doing so the petitioner has approached this Court by way of filing the present writ petition, which is not maintainable.
Having heard learned counsel for the parties and after going through the records, this Court is of the considered view that if a
lease agreement has been executed between the parties for a period of 10 years subject to renewal after completion of each 11 months, as per the executed terms and conditions mentioned therein, for violation of any condition thereof the petitioner has got remedy to approach the appropriate forum, but instead of doing so, the petitioner has approached this Court by means of this writ petition, which is not maintainable.
In the above view of the matter, the writ petition stands disposed of granting liberty to the petitioner to avail his remedy before the appropriate forum
As COVID-19 pandemic situation is continuing, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s official 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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GDS
(DR. B.R. SARANGI) JUDGE
2 issues framed by the court
Whether a writ petition maintaining a lease agreement is maintainable when the remedy lies in the appropriate forum.
Whether eviction proceedings violate due process without following the terms of the lease agreement.
The Petitioner
The State
DR. B.R. SARANGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
