Ratan Debanath v. Commissioner Cum Secy Urabn Development Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.3500 of 2022 Ratan Debanath ....

Petitioner Mr. D. Das, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. D.K. Mohanty, Additional Standing Counsel

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE BIRAJA PRASANNA SATAPATHY Order No.

ORDER

16.02.2022 01.

1.

This matter is taken up through video conferencing mode. 2.

Heard Mr. D. Das, learned counsel for the petitioner and Mr. D.K. Mohanty, learned Additional Standing Counsel. 3.

According to Mr. Das, when the petitioner, who happens to be earning his livelihood by selling bags in a cabin, was attempted to be evicted by the Puri Municipality, he moved the Collector, Puri (opposite party No.2) by filing Misc. Case No.27 of 2021. The said case was disposed of by the opposite party No.2 on 1st September, 2021 directing the Executive Officer, Puri Municipality (opposite party No.3) to dispose of the grievance petition of the petitioner within 15 days as per merit and communicate the decision taken in the said case to the petitioner. Mr. Das submits that notwithstanding such direction, the grievance petition of the petitioner remains pending with the Executive Officer, Puri Municipality till date. However, again attempt is being made to evict him from the present place where

// 2 // he is running his business. Accordingly, he prays that appropriate order may be passed in this case. 4.

Since the Collector, Puri has already directed the Executive Officer, Puri Municipality to dispose of the grievance petition of the petitioner, this Court is of the opinion that till the said grievance petition is disposed of, the petitioner should not be disturbed from the present place where he is running his business.

5.

Accordingly, this writ petition is disposed of directing the Executive Officer, Puri Municipality (opposite party No.3) to take a decision on the grievance petition of the petitioner in accordance with law as expeditiously as possible preferably within a period of six weeks and communication the result of such decision to the petitioner. Till a decision is taken in the matter, no coercive action shall be taken against the petitioner. 6.

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

(Biswajit Mohanty) Judge Prasant (Biraja Prasanna Satapathy) Judge