Disposed¶31

Ashok Kumar Tiwari v. State of Odisha

Orissa HC25 Nov 2025WP(C)/30052/2025

Case brief

AI extract

What is this about?

Orissa High Court, W.P.(C) No.30052 of 2025, Ashok Kumar Tiwari v. State of Odisha & Ors., decided 25.11.2025 by Dr. Justice Sanjeeb K Panigrahi; eviction notice by Executive Officer, Joda Municipality for Shop Nos.31 & 32; preemptive right in upcoming super market/new market complex; interim order dated 24.10.2025 vacated; direction against pick-and-choose eviction; livelihood of shopkeeper; writ disposed.

What did the court decide?

Preemptive right to the Petitioner in the upcoming new market complex of Joda Municipality; interim order dated 24.10.2025 vacated subject to the Petitioner cooperating in vacating the shops; Municipal Authority cautioned against arbitrary ('pick and choose') eviction of other shopkeepers. ¶31

Ashok Kumar Tiwari Vs State of Odisha — Orissa HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No. 30052 of 2025

¶3

Ashok Kumar Tiwari

¶4

..…... Petitioner(s)

¶5

Mr. Mukunda Chandra Mishra, Adv.

¶6

-Versus-

¶7

State of Odisha & Ors. ……. Opposite Party(s)

¶8

Mr. Bibekananda Nayak, AGA

¶9

Mr. B.K. Sahoo, Adv (for O.P.2)

¶10

CORAM:

¶11

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

25.11.2025

Order No.

This matter is taken up through hybrid arrangement.

¶17

Heard learned counsel for the parties.

¶18

In this Writ Petition, the Petitioner has challenged the impugned notice dated 12.08.2025/Annexure-3 issued by the Opposite Party No.2/Executive Officer, Joda Municipality to evict his Shop Nos.31 & 32.

¶19

Learned counsel for the Petitioner submits that the Petitioner welcomes the development activities by the Joda Municipality which is for the betterment of the public. He further submits that the Petitioner is chalking out his livelihood from his shops.

¶20

Signature Not Verified

¶21

Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 27-Nov-2025 16:54:27

¶22

¶23

Hence, the Petitioner needs to rehabilitate or else his livelihood be at stake.

¶24

Learned counsel for the Petitioner further contends that even if the shop rooms have been vacated by many shop keepers, yet the Municipality Authorities are not reseeding the other shop keepers to encroach the space and run their shop rooms as depicted in the photographs given by the Petitioner vide Annexure-5 series in W.P.(C) No.31838 of 2025.

¶25

In response, learned counsel for the Opposite Party No.2/Joda Municipality submits that there is a super market complex is going to be constructed over the land in question by the Joda Municipality within a period of one year and the Petitioner shall be given preemptive right in the upcoming new market complex.

¶26

In such view of the matter, this Court directs the Opposite Party No.2/Joda Municipality to give preemptive right to the Petitioner in the upcoming new market complex. Accordingly, the interim order dated 24.10.2025 passed by this Court is vacated and the Petitioner shall cooperate with the Municipal Authority in vacating the shop in question.

¶27