Srikantha Mishra vs State Of Odisha And Others

K.R. Mohapatra, J

This matter is taken up through hybrid mode.

The Petitioner in this writ petition seeks to assail the Public Notice No.6440 dated 18th September, 2021 (Annexure-6) issued by the Executive Officer, Puri Municipality, Puri-Opposite Party No.3, which was affixed on the outer wall of the building of the Petitioner.

Mr. Mohanty, learned counsel for the Petitioner submits that Sabik Plot No.158 under Sabik Khata No.60 to an extent of Ac.0.76 decimals in mouza-Kumbharpada, Unit-31, Puri Town was recorded in the name of Subhasini Mohanty, wife of Srikrushna Mohanty under Sthitiban status. Said plot corresponds to Hal Plot No. 14 under Hal Khata No.306 measuring an area of Ac.0.400 decimals under Kumbharpada mouza, Unit-31, Puri Town in the current settlement. Due to legal necessity, she sold an area of Ac. 0.026 decimals to one Aratatrana Adhya vide Registered Sale Deed No.838 dated 6th March, 1991 (Annexure-1). Subsequently, said Aratatrana Adhya due to legal necessity entered into an agreement for sale with the Petitioner on 29th January, 2021 and delivered possession to the Petitioner upon receipt of the consideration amount. The father of the Petitioner had also entered into an agreement for sale with said Subhasini Mohanty to purchase the rest portion of the case land, which was not sold to Aratatrana Adhya. As such, the Petitioner is exercising absolute right, title and interest and possession over the case land. He has also constructed a three storied building thereon and Puri Municipality has allotted a holding number to the said building. While the matter stood thus, notice under Annnexure-6 was affixed on the outer wall of the Petitioner directing him to vacate the land on 19th September, 2021. Hence, the Petitioner finding no other alternative has approached this Court.

It is submitted by Mr. Mohanty, learned counsel for the Petitioner that the Petitioner did not also get any time to file his objection to the said notice, as he was directed to vacate the land by the next date, failing which it was directed that the house will be demolished on 20th September, 2021. In view of the above, he prays for a direction to set aside the notice under Annexure-6.

Mr. Mishra, learned Additional Government Advocate for the State-Opposite Party Nos. 1, 2 and 4 submits that since the Petitioner has grievance against the notice under Annnexure-6 issued by the Executive Officer, Puri Municipality, he may redress his grievance before it in accordance with law.

Taking into consideration the submissions made by learned counsel for the parties, this Court is of the considered view that the Petitioner should have been given an opportunity to file his objection to the Notice dated 18th September, 2021 under Annexure-6.

In view of the above, it is directed that in the event the Petitioner files his objection to the impugned notice under Annexure-6 detailing his grievances within a period of seven days hence along with certified copy of this order, the Executive Officer, Puri Municipality, Puri-Opposite Party No.3 shall do well to consider the same in accordance with law and communicate a reasoned order to the Petitioner, as expeditiously as possible preferably within a period of four weeks therefrom.

Till a decision is taken on the objection, if filed by the Petitioner within the stipulated period, as aforesaid, no coercive action for eviction of the Petitioner from the case land shall be undertaken, if not already evicted in the meantime.

Urgent certified copy of this order be granted on proper application.

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