Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 20741 of 2025
Saroj Kumar Sahoo
..…... Petitioner(s)
M/s. S. Priyadarsani, Adv. -Versus-
State of Odisha & Ors.
………. Opposite Party(s) Mr. Rajdeep Pradhan, ASC
CORAM:
DR. JUSTICE SANJEEB K. PANIGRAHI
ORDER 13.08.2025
Order No.
04.
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The present Writ Petition has been filed by the Petitioner with the following prayer:
“It is therefore, most humbly prayed that this Hon'ble Court may graciously be pleased to admit the writ petition, issue notice to the opposite party and after hearing the counsels for the parties direct the opposite party to consider the representation dtd. 16.07,2025 of the petitioner and according direct the opposite party to settle the land in his favour as the petitioner is business therein for more than 20 years as well as a homestead less person and pass any order by giving him an opportunity of personal hearing in accordance with law.; And /or pass such any other order(s)/direction (S) having regard to the fact and circumstance of this case.”
4. Learned counsel for the Petitioner submits that the notice dated 08.07.2025 has been issued by the Municipality, Talcher wherein the Petitioner’s shop is sought to be evicted. She further submits Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 18-Aug-2025 19:50:09 Signature Not Verified
2
that the Tahasildar, Talcher has also issued Form-‘A’ on the same land in question.
5. Learned counsel for the Petitioner further submits that since the land belongs to the Municipal Authority, the Tahasildar has no jurisdiction to pass such notice. Hence, the notice issued by the Tahasildar, Talcher in OPP Case No.09/24-25 cannot be given effect to.
6. Considering the above facts and submissions made, this Court is of the view that since the land in question belongs to the Municipal Authority, the Tahasildar has no jurisdiction to issue notice against the Petitioner. Accordingly, the notice dated 16.07.2025 issued by the Tahasildar, Talcher is set aside. However, the Petitioner is
directed to file a fresh representation before the Opposite Party No.3/Municipality, Talcher along with all the required documents. In such event, the Opposite Party No.3 shall dispose of the representation to be filed by the Petitioner within a period of one month from the date of its filing. Till disposal of the representation to be filed by the Petitioner, no coercive action shall be taken against the Petitioner.
7. Accordingly, the Writ Petition is disposed of.
( Dr. Sanjeeb K. Panigrahi) Judge Murmu Designation: Personal Assistant