Asit Kumar Mohanty Vs Collector, Cuttack

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 6757 of 2026

¶2

Asit Kumar Mohanty

¶3

Petitioner

¶4

Mr. A.P. Ray, Advocate

¶5

-versus-

¶6

1.Collector, Cuttack

¶7

2.General Manager, Odisha State Agricultural Marketing ( OSAM ) Board, Plot No. 1800(P), near Ramamani Indian Oil Petrol Pump, Baramunda, Khandagiri, Bhubaneswar, Odisha

¶8

3.Sub-Collector (Sadar), Cuttack. At/POChandinchowk, DistCuttack

¶9

4.Block Development Officer (BDO), Salipur

¶10

5.Executive Officer, Chandradeipur Gram Panchayat Chandradeipur, POSalipur, Dist-Cuttack

¶11

6.Secretary, Regulated Market Committee, Kendupatna, Kulia, Po-Sunakhandi, DistCuttack

¶12

…. Opposite Parties

¶13

Mr. M.R. Mohanty, AGA Mr. S. Mohanty-1, Adv. (O.P. No.6)

¶14

Page 1 of 6

¶15

W.P.(C) No. 6789 of 2026

¶16

Arundhati Kar

¶17

Petitioner

¶18

Mr. A.P. Ray, Advocate

¶19

-versus-

¶20

1. Collector, Cuttack

¶21

2.General Manager, Odisha State Agricultural Marketing ( OSAM ) Board, Plot No. 1800(P), near Ramamani Indian Oil Petrol Pump, Baramunda, Khandagiri, Bhubaneswar, Odisha

¶22

3.Sub-Collector (Sadar), Cuttack. At/POChandinchowk, DistCuttack

¶23

4.Block Development Officer (BDO), Salipur

¶24

5.Executive Officer, Chandradeipur Gram Panchayat Chandradeipur, POSalipur, Dist-Cuttack

¶25

6.Secretary, Regulated Market Committee, Kendupatna, Kulia, Po-Sunakhandi, DistCuttack

¶26

…. Opposite Parties

¶27

Mr. M.R. Mohanty, AGA Mr. S. Mohanty-1, Adv. (O.P. No.6)

¶28

Page 2 of 6

¶29

W.P.(C) No. 6807 of 2026

¶30

Bholanath Sethy

¶31

Petitioner

¶32

Mr. A.P. Ray, Advocate

¶33

-versus-

¶34

1. Collector, Cuttack

¶35

2.General Manager, Odisha State Agricultural Marketing ( OSAM) Board, Plot No. 1800(P), near Ramamani Indian Oil Petrol Pump, Baramunda, Khandagiri, Bhubaneswar, Odisha

¶36

3.Sub-Collector (Sadar), Cuttack. At/POChandinchowk, DistCuttack

¶37

4.Block Development Officer (BDO), Salipur

¶38

5.Executive Officer, Chandradeipur Gram Panchayat Chandradeipur, POSalipur, Dist-Cuttack

¶39

6.Secretary, Regulated Market Committee, Kendupatna, Kulia, Po-Sunakhandi, DistCuttack

¶40

…. Opposite Parties

¶41

Mr. M.R. Mohanty, AGA Mr. S. Mohanty-1, Adv. (O.P. No.6)

¶42

Page 3 of 6

¶43

CORAM: JUSTICE V. NARASINGH

¶44

ORDER 07.07.2026

¶45

Order No.

¶46

1. Heard learned counsel for the Petitioners and learned counsel for the Opposite Parties.

¶47

Since all the writ applications relate to issuance of notice to vacate the shop rooms on account of non-clearing of arrears, issued by Opposite Party No.5 (Executive Officer, Chandradeipur Gram Panchayat, Salipur, Cuttack), they are taken up together for consideration.

¶48

As noted in the order dated 01.07.2026, the outstanding dues of the Petitioners run thus;

¶49

“3. Admittedly so far as the Petitioner in W.P.(C) No.6757 of 2026 is concerned who is at Serial No.2 of the list at Annexure-7, the outstanding dues is of Rs.1,15,200/-. Qua the Petitioner in W.P.(C) No.6789 of 2026, (Serial No.1 of the list at Annexure-7), the outstanding dues is of Rs.66,000/- and in respect of Petitioner in W.P.(C) No.6807 of 2026 (Serial No.4 of the list at Annexure-7 of W.P.(C) No.6757 of 2026), the outstanding dues is of Rs.1,82,400/-.

¶50

The said dues are as on 16.02.2026 and relating to a period from 01.05.2025 to 31.01.2026.”

¶51

It is submitted by the learned counsel for the Petitioners that because of the arbitrary action of the authorities in raising constructions in front of the

¶52

Page 4 of 6

¶53

shop rooms, it is practically become non-viable to run the same commercially for which, the arrears have mounted and there are no wilful laches and negligence on the part of the Petitioners in nonpayment on account of the same. It is further stated that oblivious of the difficulties faced, acting in an arbitrary manner, the Petitioners are now being called upon to vacate the shop rooms only on account of the outstanding dues without taking into account the unsurmountable difficulties faced by them.

¶54

Learned counsel for the State opposes such submission and referring to the counter affidavit filed, submits that the Petitioners are rank defaulters. Hence, no leniency ought to be shown and writ applications are liable to be rejected.

¶55

There is competing claims at the Bar regarding representation stated to have been made to the Sarpanch, Chandradeipur Gram Panchayat at Annexures-8 (in W.P.(C) Nos.6757 of 2026 and 6789 of 2026) and Annexure-5 (in W.P.(C) No.6807 of 2026).

¶56

Taking into account the submissions and the pleadings, this Court is persuaded to hold that interest of justice would be sub served, if the Petitioners approach the Opposite Party No.4 (Block Development Officer, Salipur) ventilating their grievance within a period of two weeks along with

¶57

Page 5 of 6

¶58

copy of the writ petition and rejoinder along with this order.

¶59

In the event of submission of the documents as above within the timeline as stated, the Opposite Party No.4 (Block Development Officer, Salipur) shall do well to consider their grievance in the light of their submissions that it has become practically not feasible to carry out the business at the particular place and pass a reasoned order within four weeks of receipt of the copy of W.P.(C) and this order giving the Petitioners or their authorised representative an opportunity of hearing.

¶60

The order so passed shall be communicated.

¶61

Till the decision is taken by the Opposite Party No.4 (Block Development Officer, Salipur), status quo in respect of the shop room(s) shall be maintained.

¶62