IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 26809 of 2023

. . . . . . .

Abdul Hamid @ Abdul Hameed @ Abdul Hamid Mohammad Anwar

..... Petitioner(s) Mr. Bidesh Ranjan Behera, Adv.

-Versus-

State of Odisha & Ors.

Opposite Party(s) Mr. P.P. Behera, AGA

CORAM: DR. JUSTICE S.K. PANIGRAHI <u>ORDER</u> 29.07.2025

Order No.

6. This matter is taken up through hybrid arrangement.

7. In filing this Writ Petition, the Petitioner being encroacher has sought for a direction from this Court to the Opposite Parties for not demolishing his structure standing over the disputed property in question.

8. Heard.

9. Learned counsel for the State, at the outset, submits that since no notice of eviction/demolition has been issued to the present Petitioner till today, the prayer made in this Writ Petition is

Signature Not Menfiedre.

Digitally Signed Signed by: LITARAM MURNE Designation: Personal Assistant Reason: Authentication Location: OHC Date: 02-Aug-2025 13:32:26in a similar situation, this Court in disposal of the Writ Petition

vide W.P.(C) No.13554 of 2023 has directed that there shall be no eviction/ demolition without following due process of law.

6. In such view of the matter, this Court directs that there shall be no demolition of the structure in question or eviction of the Petitioner from the disputed property in question without following due process of law. Furthermore, the Opposite Parties are requested to consider the plea of the Petitioner for allotment of separate shop room in his favour, if there is possibility of demolition of the shop room of the Petitioner in question.

7. This Writ Petition is, accordingly, disposed of.

( Dr. S.K. Panigrahi) Judge

Murmu