Babudhar Bhuyan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Babudhar Bhuyan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the S.P., Mayurbhanj to issue appropriate instructions to the concerned IIC for early enforcement of the Maintenance Tribunal order dated 11.01.2022, if there is no other legal impediment; the S.P. to pass a necessary order within two weeks, acting on a certified copy produced by the petitioner.

Issue for consideration

Whether the police authorities (the IIC of Rasgobindapur police station and the S.P., Mayurbhanj) should enforce the Maintenance Tribunal's order dated 11.01.2022 directing O.P. No. 1 to vacate the petitioner's IAY house, given their failure to implement it.

Court's answer

The writ petition was disposed of with a direction to the S.P., Mayurbhanj to look into the matter and issue appropriate instructions to the concerned IIC for early enforcement of the Maintenance Tribunal order, provided there is no other legal impediment.

Ratio / Principle

A necessary order in this regard was to be passed by the S.P. within two weeks from the date of the order, acting upon a certified copy of the order produced by the petitioner.

Detailed headnote1 paragraphs

W.P.(C) No. 24101 of 2025, High Court of Orissa at Cuttack (Sashikanta Mishra, J.), order dated 19.09.2025 — disposed of. Petitioner Babudhar Bhuyan, father of opposite party Nos. 6 and 7, had obtained an order dated 11.01.2022 from the Maintenance Tribunal (application under Sections 9 and 12 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007) directing O.P. No. 1 Binay Bhuyan to vacate the petitioner's IAY house within seven days, with the H.C., Rasgobindapur PS charged with service of the order and restoration of the house. Alleging that the IIC, Rasgobindapur police station took no steps to enforce the order despite his approaching the Sub-Collector, the petitioner sought intervention. The Court, describing the prayer as innocuous, disposed of the writ petition directing the S.P., Mayurbhanj to look into the matter by issuing appropriate instructions to the concerned IIC for early enforcement of the Tribunal order, if there is no other legal impediment, and to pass a necessary order within two weeks on a certified copy of the writ order produced by the petitioner.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 24101 of 2025

Babudhar Bhuyan …. Petitioner

Represented by Mr. P.S. Mohanty, Advocate

-Versus –

State of Odisha and others ….

Opp. Parties

Represented by Mr.S.S. Routray, ASC

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

19.09.2025

Order No.

1.

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is father of the opposite party Nos. 6 and 7. He filed an application before the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizen, Act, 2007 under Sections, 9 and 12 of the said Act. By order dated 11.01.2022, the Tribunal inter alia issued the following direction:-

1. The O.P.No. 1 Binay Bhuyan is directed to vacate the IAY house of Sri Babudhar Bhuyan within seven days from the date of receipt this order positively. H.C Rasgobindapur Police Station is to cause service of this order on the opposite party No.1 Binay Bhuyan. The H.C. Rasgobindapur PS is further directed to cause for restoration of IAY house so awarded in favour of the petitioner if not vacated by the OP No.1, namely, Binay Bhuyan within the stipulated period”

The petitioner’s grievance is that despite such clear direction, the IIC of Rasgobindapur police station has taken no steps to

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enforce implementation of the order passed by the Maintenance Tribunal. He further claims to have approached the Sub-Collector and verbally placed his grievance, but to no avail.

Having regard to the innocuous prayer, the writ petition is disposed of directing the S.P., Mayurbhanj to look into the matter by issuing appropriate instructions to the concerned IIC for early enforcement of the order of the Maintenance Tribunal, if there is no other legal impediment. Necessary order in this regard shall be passed by the S.P. within two weeks from today. The S.P. shall act upon certified copy of this order to be produced by the petitioner before him.

Urgent certified copy of this order be granted on proper application.

( Sashikanta Mishra) Judge

B.C.Tudu

Signature Not Verified

Digitally Signed Signed by: BHIGAL CHANDRA TUDU Reason: Authentication Location: Orissa High Court, Cutt ack Date: 19-Sep-2025 19:18:15

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