ORISSA AT CUTTACK W.P.(C) No. 15216 of 2025 · Orissa High Court

Mr. P.K. Satapathy, Advocate State of Odisha & others …. Opposite Parties -versus- Mr. B. Nayak, AGA CORAM: JUSTICE SANJAY KUMAR MISHRA ORDER 30.05.2025 W.P.(C) No.15216 of 2025 & I.A. No.9116 of 2025 Order No.

This matter is taken up through hybrid mode.

Heard learned Counsel for the Petitioners so also Mr. Nayak, learned AGA, who accepts notice on behalf of the Opposite Party Nos.1, 2 & 5 and admits to have received copy of the writ petition with I.A.

Impugned are the communications, all dated

23.05.2025, as at annexure-1 series. Learned State Counsel submits, the writ petition is not maintainable as there is an alternative remedy of appeal under section 98 of the Orissa Municipal Act, 1950.

Learned Counsel for the Petitioners submits, though section 98(2) mandates the period of limitation to prefer an appeal within 15 days from the date of communication of the order or of the date on which the order is under the provisions of the said act, is deemed to have been communicated, the Executive Officer, Jharsuguda Municipality, being directed by this Court in W.P.(C) No.1705 of 2025, without taking into consideration the prayers of the Petitioners to lease out the shop rooms in their favour, has passed the said eviction notices.

That apart, though the period of limitation to prefer the appeal is 15 days, vide impugned orders, all dated 23.05.2025, the Petitioners have been directed to vacate the shop rooms within seven days of receipt of the said eviction notice, failing which the municipality will be forced to evict them from the said property. Hence, being remediless, the Petitioners have approached the Writ Court.

In view of the said submissions made by the learned Counsel for the Petitioners, on consent of the learned counsel for the parties, the writ petition stands disposed of giving liberty to the Petitioners to prefer individual Appeals before the Appellate Authority within ten days from the date of obtaining the certified copy of this order.

If appeals are preferred by the Petitioners within the stipulated period, the Appellate Authority shall do well to condone the delay, if any, and proceed further in the said appeals in accordance with law and will try to conclude the same at the earliest preferably, within a period of two month from the date of registering such appeals. Till the date of disposal of the said appeals, no coercive action shall be taken against the Petitioners.

Urgent certified copy of this order be granted on proper application as per rules. (S.K. Mishra) Vacation Judge Banita Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 31-May-2025 14:51:47