PRADEEP KUMAR SAHOO AND OTHERS Vs. SUB-COLLECTOR, KENDRAPARA-CUM-ADMINISTRATOR, KENDRAPARA MUNICIPALITY, KENDRAPARA AND ANOTHER

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioners have prayed, inter alia, for a direction to the opposite parties to demolish the shop room constructed on the staircase at Municipal Market Complex, Tinimuhani, Kendrapara.

(2.) The dispute lies in a very narrow compass. The facts need not be recounted in details. Suffice it to say that Kendrapara Municipality has constructed two storied market complex at Tinimuhani, Kendrapara. The petitioners are licensee of the shop rooms of the first floor. Their grievance is that without any resolution and approved plan, the Municipality has constructed a shop room at the vacant side of the staircase. The wide of the staircase has been reduced from 5 inch to 3 inch and the height of the lintel has also been reduced from 6 inch to 5 inch.

(3.) Pursuant to issuance of notice, the Executive Officer, Kendrapara Municipality, Kendrapara, opposite party no.2 has filed counter affidavit. The case of opposite party no.2 is that no shop room has been constructed on the staircase at Municipal Market Complex, Tinimuhani, Kendrapara. On the application of one handicraft person, namely, Fakir Singh, the vacant place under the staircase in the shape of a shop room was allotted to him after approval of the administrator of the Municipality. Thereafter an agreement was entered into between the parties. The staircase is intact.