Dismissed¶18

Bihari Lal Mishra v. the Collector,Balangir

Orissa HC20 Feb 2024WP(C)/28891/2021

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; W.P.(C) No.28891 of 2021; dismissed 20.02.2024; Justice Sanjay Kumar Mishra; tenants of Koshal Kalamandal, Balangir; revised stall rent Rs.2500/- per stall per month (120 sqr.feet); communication dated 01.09.2021 by District Culture Officer @ Secretary; prayer to restore earlier terms of communication dated 07.03.2005 (Annexure-2); illegal sub-letting of shops by petitioners at higher rates; Court refused to entertain writ; Opposite Parties permitted to act per Annexure-3; interim order of 21.09.2021 in I.A. No.13361 of 2021 vacated; Collector-cum-President, Balangir.

What did the court decide?

None. Writ petition dismissed; Opposite Parties left free to act in terms of the communication dated 01.09.2021 (Annexure-3); interim order dated 21.09.2021 in I.A. No.13361 of 2021 vacated. ¶18

Bihari Lal Mishra Vs the Collector,Balangir — Orissa HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No.28891 of 2021

¶3

Bihari Lal Mishra & Ors.

¶4

…. Petitioners

¶5

Mr. J. Sahu, Advocate

¶6

-versus-

¶7

The Collector-cum-President, …. Opposite Parties Balangir & Anr.

¶8

Mr. A. Behera, ASC

¶9

CORAM: JUSTICE SANJAY KUMAR MISHRA

¶10

Order No.

¶11

11.

¶12

ORDER 20.02.2024 This matter is taken up through hybrid mode.

¶13

This writ petition has been preferred by one Mr. Biharilal Mishra and nine others challenging the communication made by the District Culture Officer @ Secretary, Koshal Kalamandal, Balangir dated 01.09.2021, addressed to all the Tenants of Koshal Kalamandal, Balangir, vide which the revised stall rent was fixed at Rs.2500/- only, per stall per month, for stall size of 120 sqr.feet and proportionately for stalls of other size.

¶14

It has further been prayed for a direction to the Opposite Parties to act as per earlier terms prevalent prior to the said communication, in terms of communication dated 07.03.2005, as at annexure-2.

¶15

In view of the stand of the Opposite Party Nos.2 & 3 in the Counter Affidavit so also the documents appended thereto, especially the admitted facts on record that some

¶16

Page 1 of 2

¶17

of the present Petitioners have sub-let their shops to outsiders illegally with a much higher rate than what has been fixed vide the communication dated 01.09.2021, as at Annexure-3, this Court is not inclined to entertain the prayers made in the writ petition.

¶18

Accordingly, the writ petition stands dismissed.

¶19

In view of the dismissal of the writ petition, it is open for the Opposite Parties to act in terms of the communication dated 01.09.2021, as at Annexure-3.

¶20

Interim order dated 21.09.2021 passed in I.A.

¶21

No.13361 of 2021 stands vacated.

¶22

Banita

¶23

(S.K. MISHRA)

¶24

JUDGE

¶25

Signature Not Verified

¶26

Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 21-Feb-2024 18:26:08

¶27

Page 2 of 2

Bihari Lal Mishra v. the Collector,Balangir

Case brief

What is this about?

What did the court decide?

Bihari Lal Mishra v. the Collector,Balangir

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Surendra Khamurai Vs State and Ors.

Uco Bank, Sambalpur Vs Sangram Keshari Khuntia

State Vs Bhaskar Rout

Jharana Pramanik Vs Divisional Manager, Oriental Insurance Co. Ltd. Balasore

Basanta Kumar Nayak Vs State of Orissa

Sangram Keshari Dash Vs State of Odisha