Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.37070 of 2025
Arup Kumar Banerjee …. Petitioner(s)
Mr. Rakesh Behera, Advocate -versus- State of Odisha and others …. Opp. Party(s) Mr. Debraj Mohanty, AGA Mr. Piyush Kumar Ray, Advocate (for opposite party No.5)
W.P.(C) No.37071 of 2025
Ramdhyan Prasad …. Petitioner(s)
Mr. Rakesh Behera, Advocate -versus- State of Odisha and others …. Opp. Party(s) Mr. Debraj Mohanty, AGA Mr. Piyush Kumar Ray, Advocate (for opposite party No.5) W.P.(C) No.37078 of 2025 Amar Pal …. Petitioner(s)
Mr. Rakesh Behera, Advocate -versus- State of Odisha and others …. Opp. Party(s) Mr. Debraj Mohanty, AGA Mr. Piyush Kumar Ray, Advocate (for opposite party No.5) W.P.(C) No.37079 of 2025
Tej Singh …. Petitioner(s)
Mr. Rakesh behera, Advocate p. 2 -versus- State of Odisha and others …. Opp. Party(s) Mr. Debraj Mohanty, AGA Mr. Piyush Kumar Ray, Advocate (for opposite party No.5) W.P.(C) No.37098 of 2025 Dinesh Kumar Singh …. Petitioner(s)
Mr. Rakesh Behera, Advocate -versus- State of Odisha and others …. Opp. Party(s) Mr. Debraj Mohanty, AGA Mr. Piyush Kumar Ray, Advocate (for opposite party No.5)
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 15.04.2026
01.
1. Since all the writ petitions are relates to same issue of eviction for quarters, they are taken up together and are disposed of this common order.
2. Heard learned counsel for the parties.
3. The writ petitions have been filed assailing the eviction notice dated 09.12.2025 at Annexure-4. Names of the petitioners are appeared at serial Nos. 86, 34, 17, 62 and 50.
4. It is submitted by the learned counsel for the petitioners referring to Annexure-2 proceeding held on 04.01.2025 under the Chairmanship of Principal Secretary to Government, Industries Department on issues relating to erstwhile M/s. Birla Tyres Limited, Balasore, which was in the meanwhile acquired by the p. 3 opposite party No.5 (M/s. Dalmia Refractories Limited) that the Collector has been appointed as the Nodal Officer to look into the issues relating to the opposite party No.5.
5. It is stated that since the Collector is the Nodal Officer, ventilating their grievances the petitioners have filed a representation against the imminent threat of eviction and as no decision has been taken, the petitioners are before this Court, assailing the inaction.
6.
Learned counsel for the Caveator/opposite party No.5 submits that similar grievances were raised before this Court in W.P.(C) No.364 of 2024 which was
disposed of by the order dated 10.01.2024 granting liberty to the petitioners to approach the NCLT, Kolkata Bench, since it was stated that the NCLT is in seisin of the matter.
7. It is also brought to the notice of this Court that by order dated 17.01.2024, similar grievance was not entertained by this Court in W.P.(C) No.654 of 2024. It is stated at the Bar that in the meanwhile the proceeding before the NCLT has been disposed of and the matter is pending before the NCLAT in Comp. App. (AT) (Ins) No.727 of 2025 and the order of eviction from quarters allotted, when the company was under the M/s. Birla Tyres Limited is also the subject matter of challenge in that proceeding. p. 4
8. Regard being had to the submission of the
learned counsel for the parties at the Bar, this Court is of the considered view that the writ petitions are not maintainable in view of the alternative remedy. Hence, liberty is granted to the petitioners, if so advised, to move the NCLAT for redressal of their grievance. If such application is filed, considering the urgency thereof, NCLAT may consider the same expeditiously.
9. Accordingly, the writ petitions stand disposed of.
(S.S. Mishra)
Judge
Swarna