LAWS(ORI)-2016-9-73

PRABHATA KUMAR PATTNAIK; DALIMBA BEHERA; SK YASIN; BALAMIKI BEHERA; BASUDEV NAYAK; AMAR KUMAR SAHOO; PARBATI BEHERA Vs. SECRETARY TO GOVERNMENT OF ODISHA

Decided On September 15, 2016
Prabhata Kumar Pattnaik; Dalimba Behera; Sk Yasin; Balamiki Behera; Basudev Nayak; Amar Kumar Sahoo; Parbati Behera Appellant
V/S
Secretary To Government Of Odisha Respondents

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners challenging the action of the opposite party No.2 in the matter of eviction from the place of their business and seeking a direction from this Court to the opposite party No.2 not to evict the fish traders from the existing place of their business.

(2.) Facts and reliefs sought for being common in all the cases, all cases are decided together with a common hearing by the learned counsels appearing in all the matters. Common facts as reveals that the petitioner in the first case being the market association filed the writ petition covering all its members and the petitioners in rest of the cases are fish traders carrying on fish business individually in the Kamapali Fish Market since more than a decade.

(3.) Challenging the illegal action of non-allotment of shop room in the market complex, some fish traders in the year 1999 through their association filed O.J.C. No.1438/1999, which writ petition was disposed of by order dated 1.10.2009 directing the Municipality to consider the case of all tenderers including the tenders to be submitted by the Members of the Petitioner's Association and the Municipality was also directed to grant lease / license in accordance with law, but however, subject to the fish traders clearing their arrear dues. It is on the basis of above direction, tenders submitted by the fish traders including the petitioners in the 2nd writ petition onwards were selected and were thus allotted specific shop complexes in the place made for that purpose.