High CourtsSingle Bench(2021) 12 OHC CK 0007

Sujata Swain vs Mahanadi Coalfield Ltd. And Other

Orissa High Court · Decided on 2 December 2021

HON’BLE JUDGES
Arindam Sinha, J
CASE NUMBER
Writ Petition (C) No. 10740 Of 2018

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Judgment

6 paragraphs · 213 words

Arindam Sinha, J

1.

Mr. Mishra, learned advocate appears on behalf of petitioner and submits, his client was abandoned by her husband. There is a child. She, to maintain herself, applied for a shop room from opposite party- Mahanadi Coal Fields Ltd. Shop no.2 was allotted to her. She complied with requisites including payment of security deposit and licence fee. However, she was not given possession but her allotment cancelled on plea that one Upendra Muduli is in forcible occupation of the shop.

2.

Mr. Mohanty, learned advocate appears on behalf of Mahanadi Coal Fields Ltd. and on query from Court submits, it is not because his client wants to regularize possession of the shop room by Upendra Muduli but it is unable to hand over the shop room to petitioner. This inability is reason for cancellation.

3.

Upendra Muduli at shop no.2 in Shopping Coutee, Bharatpur Colony and State are added as parties. The amendment be made in Court. Petitioner will serve copy of the petition along with this order on State. State is to inform Court regarding whether it is also unable to address the situation, to assist Mahanadi Coal Fields Ltd. in giving allotment of shops built by it, in accordance with law.

4.

List on 16th December, 2021.

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