Seshadev Rout Vs Bhadrak Municipality, Bhadrak

It is submitted by the learned counsel for the Petitioners that the Petitioners were having temporary shops/wooden cabins near Sani Mandir, Gosala Chhak, Mouza-Mathasahi, under the Bhadrak Municipality and they were earning their livelihood from the said temporary shops and due to construction of the shop rooms, they were evicted. To fortify their submission that they had

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the shop rooms in the aforesaid place reliance is place on at Annexure-2 addressed to the Executive Engineer, Bhadrak Municipality, Bhadrak. And, on the basis of the field report, it is demonstrated that the names of the Petitioners are at Serial Nos.31, 29 and 30 respectively of the said Annexure-2.

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It is further submitted that though two decades have passed in the meanwhile and the construction work is over, yet the Petitioners have not been allotted any shop rooms.

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It is stated that ventilating identical grievance, another set of Petitioners facing similar hardship had approached this Court in WP(C) No.31732 of 2025 and vide order dated 11.11.2025 this Court directed the concerned authorities to consider this representation and take a decision for allotment of shop rooms on preferential basis to them before lottery is held as per the advertisement under Annexure-4 therein.

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It is stated at the Bar, on instruction, that follow up steps in terms of the said advertisement, which is also on record in the case at hand at Annexure-4 have been deferred. 5. Considering the limited nature of grievance and keeping in view the nature of the order passed earlier in WP(C) No.31732 of 2025, this writ

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petition is disposed of without issuing notice to the Opposite Party.

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Taking into account the grievance of the Petitioners and their claim as borne out on the basis of the field visit report at Annexure-2 wherein the names of the present Petitioners figure at Serial Numbers adverted to hereinabove and keeping in view their right to earn livelihood in terms of Article 21 of the Constitution of India and their rights to carry on business in consonance with Article 19(1)(g) of the Constitution of India, this Court feels that interest of justice and equity would be subserved if the Opposite Party is directed to consider the grievance of the Petitioners for allotment of shop rooms by giving preference in the light of their long wait of over two decades.

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Thus, liberty is given to the Petitioners to approach the Opposite Party-Executive Officer, Bhadrak Municipality by filing a representation along with a copy of this order within a period of one week hence. If such a representation is submitted along with a copy of this order as aforesaid, the Opposite Party shall do well to dispose of the same as expeditiously as possible preferably within a period of six weeks of receipt of copy of the representation as aforesaid. And, till

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such period, consequential steps taken in terms of the advertisement at Annexure-04 shall be kept in abeyance.

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