Petitioner sought quashing of an eviction notice for non-payment of rent. Court found no allotment letter or rent paid and noted a pending representation. Writ application dismissed as ordinary jurisdiction requires, directing petitioner to pursue the pending representation.
Writ application disposed of; representation with B.D.O. pending.
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W.P.(C) NO.6629 of 2021
The Petitioner by filing this writ application has prayed for quashing the eviction notice dated 26.01.2021 issued by Sarpanch, Barambagarh Gram Panchayat, Baramba, Cuttack as at Annexure-4.
Heard learned counsel for the Petitioner and learned Additional Govt. Advocate.
Keeping in view the submissions made, the averments taken in the petition as also the documents annexed thereto are perused. It is seen that straight way on receipt of the notice dated 26.01.2021from the Sarpanch, Baramba Gram Panchayat, the Petitioner has approached this Court praying for its quashment.
About 3 years and 8 months back, the Petitioner had also received similar notice. Although the Petitioner claims to be in occupation of this shop room of the Gram Panchayat, no such letter of allotment has been filed. The only document in support of the claim of the Petitioner is the receipt showing lump sum deposit said to have been made in March, 2017 which according to the case of the Gram Panchayat was the initial deposit for taking part in the auction. The Petitioner having been in occupation of the shop room for all these period has also not paid the rent towards said occupation. The notice under challenge as at Annexure-4 reveals that
this Petitioner for said non-payment of the rent has been asked to deposit the same and also to give key of the shop room after removing all the articles kept therein. It has been further stated that on failure, action as per law would be taken. The Petitioner however states that the representation filed pursuant to the order passed in the earlier writ application of the year 2017 seeking quashment of similar notice of the year 2017 is still pending. It may be noted here that in that earlier writ application, this Court having not interfered with a similar notice as at Annexuxre-2 had disposed of the writ application with a direction for consideration and disposal of the representation ventilating the grievance of the Petitioner by the B.D.O., Baramba Block (Opposite Party No.4)
In the above state of affair, at this stage, this Court does not find any reason/justification to entertain the application with the prayer as advanced therein so as to exercise the extra ordinary writ jurisdiction.
It is however observed that it would be open for the Petitioner to pursue his representation which is stated to be pending with the B.D.O., Baramba Block for its consideration and disposal.
The writ application is accordingly disposed of.
Issue urgent certified copy as per rules.
………………… D. Dash, J.
Aks
2 issues framed by the court
Whether extraordinary writ jurisdiction should be exercised to quash an eviction notice issued by the Sarpanch for non-payment of rent when the petitioner's representation is pending.
Whether the petitioner has filed any document of allotment or proved lawful occupation of the shop room.
Petitioner
Sarpanch, Barambagarh Gram Panchayat, Baramba
D. Dash
As recorded by the court registry
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