Sadasiva Acharya Vs State of Odisha

the indulgence of this Court for a direction to Opposite Party Nos. 2 and 3 to investigate and grant necessary relief on the basis of the FIR registered in connection with Chandrasekharpur P.S. Case No. 32 of 2024, and further prays that the order passed by the Sub-Collector be executed in consequence thereof on compassionate grounds.

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The averments made in the application giving rise to the aforesaid prayer reveal that the Petitioner had inducted a tenant namely, one Smt. Puspalata Mohanty, in his house bearing Plot No. MIG-1, 34/4,

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Chandrasekharpur, Housing Board Colony, Bhubaneswar, about eight years ago with effect from 05.01.2015. The said tenant has been irregular in payment of rent since the inception of tenancy, taking various false pleas and excuses for non-payment. According to the Petitioner, no rent has been paid for the last eight months, amounting to arrears of approximately Rs.50,000/-. When requested to vacate the premises, the tenant allegedly threatened the Petitioner and used abusive language, which caused mental distress to the Petitioner and his wife.

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The Petitioner lodged a report before the Police, but as no action was taken, he approached the jurisdictional Magistrate, on whose direction an FIR was registered. However, there has been no progress in the investigation.

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In the meantime, the Petitioner also moved an application before the Sub-Collector, Bhubaneswar under Sections 4 and 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which was registered as Misc. Case No. 15 of 2024. In that application, he sought directions for police protection and eviction of the tenant to restore possession of his house. Pursuant thereto, the Presiding Officer, Sub-Divisional Senior Citizen Tribunal, Bhubaneswar, vide Letter No.

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9766/SSCT dated 09.12.2024, addressed to the Inspectorin-Charge, Chandrasekharpur Police Station, directed the Police to take necessary steps after conducting an inquiry regarding the residence of the Petitioner and to report compliance.

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Subsequently, vide Letter No. 2195/SSCT dated 28.02.2025, the Presiding Officer again directed the IIC, Chandrasekharpur Police Station, to take appropriate action for eviction of tenant Smt. Puspalata Mohanty from the Petitioner’s house (Annexure-5).

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Having regard to the submissions made by learned counsel for the Petitioner and in the absence of any instruction filed by learned counsel for the State, it is directed that the IIC, Chandrasekharpur Police Station shall examine the relevant provisions under Clause 21 of Chapter V of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and Clause 20 of Chapter VI of the Odisha Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, to ensure whether the Police is empowered under the said provisions to effect eviction of the tenant from the Petitioner’s premises.

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In the event the provisions enable such action, the concerned Police shall act upon the direction of the SubCollector, Bhubaneswar, and execute the same in

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accordance with law within a period of one month, if there is no other legal impediment. The CRLMP is accordingly disposed of.

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A free copy of this order be supplied to the learned state counsel for compliance.

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(Chittaranjan Dash)

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Judge

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AKPradhan

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Signature Not Verified

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Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 30-Oct-2025 18:08:04

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Sadasiva Acharya v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sadasiva Acharya v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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