Raghuram Sahu vs Notified Area Council, Gopalpur & Anr

Biraja Prasanna Satapathy, J

1.This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

Heard Mr. P.K. Nanda, learned counsel for the Petitioner and Mr. A.K. Sharma, learned AGA appearing for the Opp. Parties.

The present writ petition has been filed challenging the notice dtd.16.05.2023 so issued by O.P. No. 2 under Annexure-9.

It is contended that pursuant to the earlier order passed by this Court on 24.11.2022 in W.P.(C) No. 30743 of 2022, the Opp. Parties without taking any decision has issued the impugned notice directing the Petitioner to vacate the shop room on the 1st floor of Gopabandhu Pathagara, Gopalpur within 2 days of his receipt, failing which the Authorities will force to seal the shop room occupied by the Petitioner.

This Court after going through the impugned notice finds that pursuant to the order passed by this Court on 24.11.2022, a decision has been taken by rejecting the Petitioners’ claim and the same has also been duly communicated to the Petitioner. The Petitioner has not enclosed the said decision in the present writ petition nor any statement has been made that the order passed by this Court on 24.11.2022 has not yet been complied with.

However, in course of hearing Mr. Nanda, learned counsel for the Petitioner contended that if the Petitioner will be allowed some further time, he will vacate the shop room in question.

Considering the submissions made by Mr. Nanda, this Court directs the Petitioner to vacate the shop room in question by 15th August 2023. If after 15th August, 2023 the Petitioner does not vacate the shop room, Opp. Party Nos. 1 & 2 will be at liberty to evict the Petitioner from the shop room without any further notice.

The writ petition is accordingly disposed of.

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