Dismissed

Dharanidhar Nayak v. the Executive Officer,Angul Municipality

Orissa HC12 Jan 2021WP(C)/873/2021

Case brief

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What is this about?

In a writ petition, the court disposed of the matter directing the respondent to retain the petitioner's allotted quarters until February 28, 2021, upon payment of rent, with vacating required by March 1, 2021, due to the petitioner's unique circumstances.

What did the court decide?

Direction to retain quarters until 28th Feb 2021 on payment of rent; vacate by 1st March 2021.

Dharanidhar Nayak Vs the Executive Officer,Angul… — Landlord and Tenant | Orissa HC (2021)

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W.P.(C) No.873 of 2021

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12.01.2021 This matter is taken up through video conferencing due to COVID-19 pandemic.

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Heard Mr. B.B. Routray, learned counsel for the petitioner and Mr. S.K. Samal, learned Additional Government Advocate for the State.

¶4

In the present writ petition, the petitioner challenges the eviction notice dated 16.12.2020 passed by the sole opposite party under Annexure-1.

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Learned counsel for the petitioner submits that the petitioner, who was working as a Peon and superannuated on 31.07.2019 was allotted with Quarters No.7, Municipality Colony, Amalapada, Angul and that till date the opposite party has not sanctioned the un-utilized leave salary under O.R.S.P. Rules, 2017, gratuity, arrest revised pay with effect from 01.01.2016 to 31.07.2019. It is the case of the petitioner that since the wife of the petitioner is suffering from old age ailments, a notice has been issued against the petitioner by the opposite party for eviction from the aforesaid quarters without considering his grievance.

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Learned counsel for the petitioner further submits that if a direction would be issued to opposite party to consider the representation filed by the petitioner under Annexure-2 and dispose of the same on its own merit in accordance with law within a stipulated time, then the grievance of the petitioner shall be redressed.

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¶8

Learned Additional Standing Counsel for the State vehemently opposes the prayer of the petitioner and submits that since the petitioner is in unauthorized occupation of the quarters in question, no leniency can be shown towards the petitioner.

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Considering the submissions made by the parties and keeping in view the plights of the petitioner, the writ petition is disposed of with a direction to the opposite party to retain the quarter till 28^th of February, 2021 on payment of usual rent and the petitioner shall vacate the said quarter on 1^st of March, 2021 failing which appropriate actions as permissible under law shall be initiated against the petitioner.

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Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.

¶11

…………..…..…..

¶12

P. Patnaik, J.

¶13

Dharanidhar Nayak v. the Executive Officer,Angul Municipality

Case brief

What is this about?

What did the court decide?

Dharanidhar Nayak v. the Executive Officer,Angul Municipality

Case brief

What is this about?

What did the court decide?

What the court decided

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