A betel shop operator challenged an eviction notice and encroachment proceeding alleging lack of notice and opportunity to respond. The Court directed him to make a representation to the VIMSAR Authority, to be decided within one month, with no coercive action until disposal.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 1838 of 2020
Dukhi Shyam Swain
..…... Petitioner(s) Ms. Deepali Mahapatra, Adv.
-Versus-
State of Odisha & Ors. ………. Opposite Party(s) Mr. P.P. Behera, ASC
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
11.04.2025
Order No.
“It is therefore, prayed this Hon'ble Court may graciously be pleased to admit this application, call for the records and notice be issued to the opposite parties. Upon hearing the parties to quash the Encroachment Proceeding i.e. Encroachment Proceeding No.85 of 2071, the notice under Annexure-4, and may further be pleased to pass any other appropriate order or orders or direction or directions for the ends of justice;
And for this act of kindness the petitioner as in duty bound shallever pray.”
Signature Not Verified
Digitally SignedSigned by: LITARAM MURMU 4. Learned counsel for the Petitioner submits that the Petitioner Designation: Personal Assistant Reason: Authentication
Location: OHCDate: 15-Apr-2025 18:21:29 is run ning a betel shop inside the campus of V.S.S. Medical
2
College and Hospital, Burla over the Plot No.1592, Khata No.650 of measuring an area Ac.0.010. She further submits that the Petitioner was paying the rent regularly to the Opposite Party No.5/V.S.S. Medical College & Hospital.
Department (VIMSAR).
Signature Not Verified
Digitally SignedSigned by: LITARAM MURMU 7. In such view of the matter and considering the submission Designation: Personal Assistant Reason: Authentication Location: OHC ma de by the learned counsel for the parties, this Court directs Date: 15-Apr-2025 18:21:29
the Petitioner to approach the VIMSAR Authority by way of a representation for running his shop. In such event, the Authority shall dispose of the representation to be filed by the Petitioner within one month from the date of filing of the representation. Till disposal of the representation to be filed by the Petitioner, no coercive action shall be taken against the Petitioner.
( Dr. S.K. Panigrahi)
Judge
Murmu
Signature Not Verified
Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 15-Apr-2025 18:21:29
1 issue framed by the court
Whether the eviction/encroachment proceeding against the petitioner's betel shop was initiated without due procedure and service of notice.
Dukhi Shyam Swain
State of Odisha
V.S.S. Medical College & Hospital
S.K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
