MANJUSRI DAS Vs. COLLECTOR, NAYAGARH AND ORS.

JUDGEMENT

(1.) THE petitioner calls in question the legality and propriety of the notice dated 15.5.2012 issued by the Executive Officer, Notified Area Council, Nayagarh -opposite party No. 2, vide Annexure -1, directing her to vacate the shop room Nos. 17 and 18 within seven days. The said notice was issued by the opposite party No. 2 pursuant to the decision of the Notified Area Council (hereinafter referred to as "N.A.C.") dated 27.04.2012 to construct a community hall in the said area.

(2.) BEREFT of unnecessary details, the short facts of the case of the petitioner are that she is a landless woman and belongs to BPL category. She submitted an application to the opposite party No. 2 for allotment of residential quarter. On 23.12.2011, the opposite party No. 2 allotted quarter Nos. 17 and 18 in her favour. She along with her family is residing in the said quarters. She used to deposit the monthly rents, electricity bills, water bills, etc. While the matter stood thus, on 15.5.2012, the opposite party No. 2 issued notice of eviction directing her to vacate the quarters within seven days.

(3.) THE petitioner has also filed a rejoinder affidavit. It is stated that she has never violated the terms and conditions stipulated of the allotment letter. As per clause 8 of the allotment letter, the occupants will execute an agreement in every eleven months. Though the letter of allotment was issued on 23.12.2011, the eviction notice was issued on 15.05.2012 just after five months of the allotment. It is further stated that there are three community halls in the old town. Apart from that, one Kalyani Mandap is very nearer to the quarter of the petitioner. Room Nos. 17 and 18 are not shop rooms, but are residential quarters. With mala fide intention, the eviction notice has been issued by the opposite party No. 2. It is further stated that room Nos. 16, 19 and 20 are still being occupied by some persons and room Nos. 15 and 21 are in a dilapidated condition.