p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.36747 of 2023 Sitakanta Nayak …. Petitioner(s) Mr. Rajesh Kumar Mahapatra, Adv. -versus- The State of Odisha & Ors. …. Opposite Party(s) Mr. Prabhu Prasanna Behera, ASC Mr. Saibrata Rath, Adv. CORAM: HON’BLE DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 27.03.2025 16. 1. This matter is taken up through hybrid arrangement. 2. In filing this Writ Petition, the Petitioner being the owner of the shop room standing over the disputed property in question, has challenged the impugned Notice bearing No.6999 dated 06.11.2023 issued by the Executive Officer, Bhadrak Municipality/ Opposite Party No.4. 3. Heard learned counsel for the Parties. 4. Challenging the impugned notice of eviction, learned counsel for the Petitioner submits that while issuing the impugned notice of eviction the Executive Officer, Bhadrak Municipality has not provided adequate opportunity of hearing to the Petitioner. He further contends that since the Petitioner is maintaining his livelihood through the said shop room in question, evicting him from the disputed premises or demolishing his shop room in question without Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 02-Apr-2025 16:37:24 Signature Not Verified p. 2 allotting him any other place at this stage shall affect his livelihood. 5. At this juncture, learned counsel for the Bhadrak Municipality submits that the Executive Officer, Bhadrak Municipality after granting sufficient opportunity to the Petitioner, has issued the impugned notice of eviction. He, in the process, prays for dismissal of this Writ Petition. 6. Be that as it may, since the Petitioner is going to lose his livelihood due to the impugned action of the Executive Officer, Bhadrak Municipality, this Court directs the Executive Officer, Bhadrak Municipality to issue a fresh notice to the Petitioner along with a report pertaining to the ruinous condition of the building in question. The Petitioner in the said notice shall be given adequate opportunity to put forth his claim. The Executive Officer, Bhadrak Municipality upon providing adequate opportunity to the Petitioner, shall proceed as per law. 7. This Writ Petition is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant Signature Not Verified