Dismissed¶23

Babuli Rao v. State of Odisha

Orissa HC25 Jan 2024WP(C)/1106/2024

Case brief

AI extract

What is this about?

Dismissed police employee eviction; official quarter Qrs. No.C/3 Mansingh Patna Cuttack; Deputy Commissioner of Police Cuttack Annexure-4 order 15.12.2023; Police Commissionerate Bhubaneswar-Cuttack vacation letters since 06.12.2021; paucity of official accommodation; unauthorized occupation; writ petition dismissed; High Court of Orissa; K.R. Mohapatra J.; W.P.(C) 1106/2024.

What did the court decide?

Since the petitioner has already been dismissed from service, he is not entitled to occupy the demised premises (Qrs. No.C/3, Mansingh Patna, Cuttack), despite the Police Commissionerate seeking vacation of the premises since 6th December, 2021. ¶22

Babuli Rao Vs State of Odisha — Orissa HC (2024) — LawSathi Research

¶1

Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 30-Jan-2024 11:19:38

¶2

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶3

W.P.(C) No. 1106 of 2024

¶4

Babuli Rao

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.... Petitioner

¶6

Mr. Pritam Kumar Mohanty, Advocate

¶7

-versus-

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State of Odisha and others …. Opp. Parties Mr. Amiya Kumar Mishra, Additional Government Advocate

¶9

CORAM:

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JUSTICE K.R. MOHAPATRA ORDER

Order No.

25.01.2024

This matter is taken up through hybrid mode.

¶15

Petitioner in this writ petition seeks to assail the order dated 15^th December, 2023 (Annexure-4) issued by Deputy Commissioner of Police, Cuttack directing him to vacate Qrs. No.C/3 situated at Mansingh Patna, Cuttack at once.

¶16

Learned counsel for the Petitioner submits that the Petitioner while in service as Vesti (barber) under Odisha Police was allotted with Qrs. No.C/3 situated at Mansingh Patna, Cuttack (for short, ‘the demised premises’). While in service, Petitioner’s minor son expired due to brain hemorrhage for which he became irregular in his duties and thereafter he has been dismissed from service. Now, his wife is suffering from various ailments and he is in the process of finding out alternate accommodation. While the matter stood thus, letter under Annexure-4 has been issued. Hence, finding no alternative, he has filed the present writ petition.

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Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 30-Jan-2024 11:19:38

¶20

3.1 Learned counsel for the Petitioner submits that if a breathing time is given, the Petitioner will vacate the demised premises.

¶21

Mr. Mishra, learned AGA vehemently objects to the above. It is his submission that since 2021, the Police Commissionerate is trying its best to evict the Petitioner from the demised premises. But, by taking some plea or other, the Petitioner has not yet vacated the demised premises. There is paucity of official accommodation compared to the staff desirous of being allotted. In view of unauthorized occupation of the demised premises by the Petitioner, the same could not be allotted to the deserving police personnel. Hence, he prays for dismissal of the writ petition.

¶22

Taking into consideration the submission made by learned counsel for the parties and on perusal of record, this Court finds that since 6^th December, 2021, the Police Commissionerate, Bhubaneswar-Cuttack has been issuing letters to the Petitioner to vacate the demised premises, as he has already been dismissed from service. As such, the Petitioner is not entitled to occupy the demised premises. In that view of the matter, this Court is not inclined to entertain the writ petition by interfering with letter dated 15^th December, 2023 (Annexure-4) issued by the Deputy Commissioner of Police, Cuttack.

¶23

As such, the writ petition stands dismissed.

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(K.R. Mohapatra) Judge

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s.s.satapathy

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Page 2 of 2

Babuli Rao v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babuli Rao v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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