IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 1562 of 2024 With W.P.(C) No.1565 of 2024 Nitish Kumar Bagh Singh ( In W.P.(C) No.1562 of 2024) Ratnakar Sahoo (In W.P.(C) No.1565 of 2024) ..…... Petitioner(s) Mr. Sukanta Kumar Nayak, Adv. -Versus- Chief General Manager (MSME) IDCO, Bhubaneswar & Ors. ………. Respondent(s) Mr. Pronay Mohanty, Adv. for O.P.1 CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 04.08.2025 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. Since common question of facts and law are involved in both the above mentioned Writ Petitions, the same are heard together and are being disposed of by this common order. However, this Court felt it apposite to deal the W.P.(C) No.1562 of 2024 as the leading case for proper adjudication of both the cases. 3. Heard learned counsel for the parties. Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 07-Aug-2025 10:48:48 Signature Not Verified 2 4. In this Writ Petition, the Petitioner has challenged the notice dated 16.01.2024 issued by the Opposite Party No.3/Divisional Head MSME-II IDCO, Khorda. 5. Learned counsel for the Petitioner submits that the Plot No.831, Khata No.289 of Mouza-Jemadei is Government land. The said plot is recorded under Anabadi khata. The kisam of the said plot is “Puratana Patita”. He further submits that the Petitioner is running a tea and betel shop business by constructing a small thatched house on the aforesaid plot. However, on 16.01.2024 the Opposite Party No.3/Divisional Head MSME-II IDCO, Khorda issued an eviction notice/Annexure-2 directing the Petitioner to vacate the said land within seven days otherwise they will constrain to shift the shop room in other place. 6. Learned counsel for the Petitioner further submits that the Opposite Party No.3 has not given any show case notice before issuing the said eviction notice. 7. In such view of the matter and considering the facts that the Petitioner is running a small business on the encroached land, this Court directs the Opposite Party No.3 to serve a notice for eviction afresh granting two weeks time so that the Petitioner shall take steps to shift the shop room from the said land. However, the Petitioner, if so desires, shall approach the Khorda Municipality by way of a representation for allotment of a space for running his Designation: Personal Assistant 3 shop since his livelihood is dependent on that. In such event, the Khorda Municipality shall consider his representation to be filed by the Petitioner, if any Scheme is available. 8. Accordingly, both the Writ Petitions are disposed of. ( Dr. S.K. Panigrahi) Judge Murmu Designation: Personal Assistant