Pratap Kumar Das Vs Dhenkanal Municipality, Dhenkanal

a) Direct the OP to accept the bank draft of Rs.30,800/- submitted by the Petitioner and decide on his continuance in the premises strictly in terms of the order dated 25.07.2025;

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b)Keep in abeyance the operation of the eviction notice dated 09.09.2025 and all consequential actions, until compliance is ensured;

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c) Further be pleased to set aside the impugned order(Notice) dated 09.09.2025 passed by the OP whereby the OP had directed the

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 21-Nov-2025 17:59:25

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petitioner to vacate his allotted shop room within a period of 7 days from the date of receipt of the letter and to declare that the petitioner's occupation of the allotted shop is lawful; and to further direct the OP to act in compliance to this Hon'ble Court's Order dated 25.07.2025.

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Issue any other writ/order/direction as this Hon'ble Court may deem fit in the interest of justice;”

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Learned counsel for the Dhenkanal Municipality submits that the Municipal Authority has decided to indentify and include all the Government land of Ward No.08 with Dhenkanal Municipality for development work which is available at the Octroi Check Gate situated at Mahisapat of Ward No.08. He further submits that a field inquiry was also conducted through the Municipal Official, and the inquiry report reveals that the present Petitioner is not using the Octroi Check Gate for the specified purpose and he has constructed two rooms unauthorizedly and kept it closed under lock and key.

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Learned counsel for the Dhenkanal Municipality further contends that since a market complex and multipurpose hall have already been constructed near the old Octroi Check Gate, the presence of such unauthorized construction will create problem for the general public as well as the vehicular traffic. It has been unanimously decided by the Municipal Authority not to allow anybody to continue as a tenant in the said location and to evict the Old Octroi Check Gate as soon as possible for greater interest of general public.

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Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 21-Nov-2025 17:59:25

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In such view of the matter and considering the submission made by the parties, since the Municipal Authority has decided to construct the market complex and multipurpose hall, the Old Octroi room needs to be demolished for the smooth vehicular parking. Accordingly, it is eminent for the demolition of the said shop room as it is required for the betterment of the general public. Hence, the prayer of the Petitioner cannot be accepted by this Court. However, the Petitioner is at liberty to approach the Municipal Authority by filing an application for allotment of the shop room. In such event, the Municipal Authority shall allot the shop room, if it is available and dispose of the application to be filed by the Petitioner in accordance with law within one month from the date of its filing.

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Accordingly, the Writ Petition is disposed of.

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( Dr. Sanjeeb K Panigrahi) Judge

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Murmu

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 21-Nov-2025 17:59:25

Pratap Kumar Das v. Dhenkanal Municipality, Dhenkanal

Case brief

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Pratap Kumar Das v. Dhenkanal Municipality, Dhenkanal

Case brief

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