Bijay Kumar Nayak Vs State of Odisha

It is stated that his shop room and others were gutted in a fire on 01.01.2019 and thereafter, a decision was taken by the office of the Sarpanch, Indupur gram panchayat to allot him a shop room after renovation because of the fire accident.

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It is the grievance of the Petitioner that though the new shop rooms have been constructed, instead of allotting the same to him, his claim is being ignored and with such averments the writ petition has been filed seeking the following reliefs:-

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“The petitioner therefore, prays that this Hon'ble court may be graciously pleased to admit the writ application and after hearing the counsel of the petitioner direct the Opp.Party No.3 to take appropriate steps considering the Panchayat resolution, annexure- 4 and the application of the petitioner vide annexure-6 to allot a shop room in favour of the petitioner on monthly rent basis, which is renovated/reconstructed by Panchayat for shop, used previously.

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Xxx xxx xxx”

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Learned counsel for the State per contra submits that in the meanwhile the shop rooms in question have already been allotted and he relies on the allotment order, which is on record at Annexure-

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C/3, and also the subsequent agreement entered into between the parties.

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Referring to the said agreement, it is submitted by the learned counsel for the Petitioner that the agreements have been forged since there is discrepancies regarding the dates.

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Be that as it may, since admittedly as per Annexure-C/3, the shop rooms in question have been allotted vide order dated 22.12.2021 and the allottees have not been impleaded, the writ petition is not maintainable in their absence, since their civil rights are going to be affected. Accordingly, this Court is not inclined to entertain the writ petition.

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The writ petition is accordingly disposed of. Liberty is given to the Petitioner to pursue his grievance, since it is stated that fresh shop rooms have been constructed, which are due for allotment. In such event if the Petitioner seeks for allotment on priority basis, the same shall be considered on its own merit without being prejudiced by non-entertainment of the present writ petition.

(V. NARASINGH)

Judge

Jina

Signature Not Verified

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Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 12-Feb-2026 11:53:31

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