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2025 DAILYLAW 31348 (ORI)

BIJAYA KUMAR RATH v. STATE OF ODISHA

WP(C)/12530/2025 · 2025-05-07

V Narasingh

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.12530 of 2025 Bijaya Kumar Rath …. Petitioner Mr. B.S Tripathy, Advocate -versus- 1. State of Odisha 2. The Collector-cum- District Magistrate, Kandhmal 3. The Executive Officer, Phulbani Municipality …. Opposite Parties Mr. S.P Das, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 07.05.2025 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. It is submitted by the learned counsel for the Petitioner that the Petitioner had an Egg shop that is his only source of livelihood. 3. It is submitted by the learned counsel for the Petitioner, on instruction, that on assurance of providing alternative accommodation, the Petitioner who had a egg stall was evicted and even after lapse of time though other allotments were renewed in respect of other shops, the Petitioner has been singled out for hostile discrimination and ventilating his grievance the Petitioner moved the Permanent Lok Adalat and by the award dated 06.12.2022, p. 2 it was directed to consider the claim of the Petitioner and being empowered by such order, the Petitioner filed a representation to the Opposite Party No.3-the Executive Officer, Phulbani Municipality for sympathetic consideration of his claim since he is a senior citizen and that the Egg shop is his only source of livelihood. Such representation was reiterated by reminder on 10.12.2024. Since the same did not yield any result alleging inaction, the Petitioner has approached this Court. 4. It is submitted by the learned counsel Mr. Tripathy with vehemence that inaction of the Opposite Parties is a violation of the Petitioner’s rights as guaranteed under Article 19(1)(g) of the Constitution and in the process, the right to llife under Article 21 is being trampled upon. 5. Taking into account the nature of grievance and keeping in view that the Petitioner is aged about 66 years and still pursuing his claim for running an “Egg shop”, this Court is persuaded to direct the Opposite Party No.3- the Executive Officer, Phulbani to consider the grievance of the Petitioner and communicate its decision within six weeks of the date of receipt of writ petition along with the copy of this order. 6. Accordingly, the Writ Petition stands disposed of. (V. NARASINGH) Judge Soumya