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Judgment
Pursuant to the order dated 13th March, 2023 it is informed by Mr. Debakanta Mohanty, learned Additional Government Advocate that there is no possibility of legalizing the present arrangement under which the Appellant has occupied unauthorizedly the property belonging to the Government. The term of the agreement expired in the year 2010 itself and thereafter, there is no renewal of the arrangement. For the last twelve years, the Appellant has not vacated the room and this prompted the proceedings to be initiated against him by the Sub-Collector by an order dated 16th December, 2022.
The present writ appeal is directed against an order dated 17th February, 2023 passed by the learned Single Judge dismissing W.P.(C) No.4716 of 2023 filed by the present Appellant challenging an order dated 20th January, 2023 passed by the Collector, Bhadrak in O.P.P. Appeal Case No.2 of 2023, thereby confirming the order dated 16th December, 2022 passed by the Sub-Divisional Magistrate, Bhadrak (SDM) in Criminal Misc. Case No.4 of 2022.
The premises in question is in a shop in a market complex situated in village Samaraipur under Bhadrak Municipality area. The admitted position is that the term of allotment was long over and the Appellant continued to be in occupation of the shop room in question. The agreement had not been renewed. In these circumstances, the Court is unable to find any illegality committed by the authorities in instituting the eviction proceedings and, thereafter, directing eviction of the Appellant from the premises in question.
Additionally, learned counsel appearing for the Appellant has been unable to point out any error committed by the learned Single Judge in the impugned order which calls for interference.
Nevertheless, subject to the Appellant filing the affidavit in this Court not later than 15th May, 2023 undertaking to vacate the premises and handover the peaceful possession thereof to the Respondents not later than 31st July, 2023, the Appellant will not be evicted from the said premises till then. It is made clear that if no such affidavit of undertaking is filed within the time stipulated, this interim protection will not survive.
The present writ appeal is accordingly disposed of in the above terms.
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