Sashikala Sahu v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 31866 OF 2022 Sashikala Sahu ....
Petitioner Sk. Zakir Hussain, Advocate -versusState of Odisha and others ....
Opp. Parties Mr. B.Panigrahi, Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
06.12.2022 1.
1.
This matter is taken up through hybrid mode.
2.
The petitioner in this writ petition seeks for a direction to restrain the Opposite Parties from evicting her from Qr. No. G1-1/1, Police Lane, Hirakud in the district of Sambalpur. 3.
Mr. Hussain, learned counsel submits that the Petitioner does not challenge the order dated 09.09.2022 passed by the Collector, Sambalpur in OPP (EUO) Appeal Case No. 03 of 2018 confirming the order dated 26.03.2018 passed by the SubCollector-cum-Estate Officer, Sambalpur in OPP (EUO) case No 12 of 2012. He further submits that since the Petitioner is aged about 70 years and is suffering from different old age ailments, she requires a breathing time to vacate the quarter. 4.
Mr. Panigrahi, Additional Standing Counsel vehemently objects to the same submitting that since the Petitioner has not assailed the order directing her eviction from the aforesaid Government quarter, the prayer made in this writ petition should not be entertained. He further submits that the Petitioner
// 2 // is occupying the said quarter unauthorizedly since 2005. Hence, the writ petition is liable to be dismissed.
5.
Taking into consideration the submissions made by the learned counsel for the parties and the fact that the Petitioner is aged about 70 years and is suffering from various old age ailments, it is directed that the Petitioner shall vacate the quarter by the end of January, 2023 on payment of dues as admissible, failing which the authorities are at liberty to work out of the order of eviction, as aforesaid.
6.
With the aforesaid observation and direction, the writ petition is disposed of.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge Deepak