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Judgment
D.G.R. Patnaik, J.—Heard the counsel for the petitioner and the respondents.
In this application, the petitioner has prayed for an order quashing the notice issued to the members of the petitioner vide Memo No. 274 dated 3.7.2007 and Memo No. 203 dated 18.5.2007 as contained in Annexure 4 and 5 and similar notices whereby the respondents have directed the members of the petitioner to remove the encroachment and vacate the sheds where the petitioners have been doing their business for their livelihood.
Learned Counsel for the petitioner submits that the members of the petitioner have been using the shed/premises in question for selling vegetables in the haat/market and the respondent No. 5 who happens to be an auction bidder for the haat has been realizing toll from the members of the petitioner since long and despite this, the respondents have served notice to the members to quit and vacate the premises/shed, without any legal basis and without giving them an opportunity of hearing.
Learned Counsel for the State, on the other hand inviting attention to para 14 and 15 of the counter affidavit submits that the case of the petitioner is misconceived as its members have to right to claim since it is a haat area where the vendors are allotted sheds for use in course of the day for selling their articles. It is further submitted that the impugned notices were issued to the petitioners and similarly situated persons since they have raised permanent structures by using bricks and other materials over the sheds. The respondents have no objection if the members of the petitioner, like others, are prepared to use the sheds in course of the day during haat day and would vacate the sheds and remove their articles by evening of the day.
Considering the facts and circumstances of the case and the stand taken by the respondent State, the impugned notice as contained in Annexure 5 and 4 to this writ petition issued to the members of the petitioner directing them to vacate the sheds and remove the articles is, therefore, quashed.
The respondents shall allow the members of the petitioner to utilize the sheds on temporary basis on specific haat day, subject to the condition that the members of the petitioner do not raise any permanent structures and they remove all their articles from the sheds by the evening of the haat day. The respondents may consider the possibility of allowing specific sheds to individual members of the petitioner on each haat day so as to facilitate the sale of goods by the members of the petitioner.
In case there is any permanent structure/erection constructed by the members of the petitioner over any shed, the respondents shall be at liberty to take action for its removal.
With the above observations, this writ application is disposed of.