JUDGMENT :

D.P. CHOUDHURY, J.

1. Challenge has been made to the illegal and arbitrary order of cancellation of allotment made in favour of the petitioner.

FACTS

2. The factual matrix leading to this writ petition is that the petitioner is the proprietor of M/s. Pooja Fabrication at Plot No.B/30/2, Industrial Estate, Chandaka, Bhubaneswar. On the application of the petitioner he was allotted the said Plot No.B/30/2 in Chandaka Industrial Estate vide Allotment Letter No.16854 dated 29.10.2003. The said Plot has got an area of Ac.0.073 decimals. The petitioner has been allotted that plot for installing Fabrication Unit and he installed the Fabrication Unit. On 17.8.2006, a show cause notice was issued to the petitioner to cancel the allotment on the ground that no Industrial activities was going on in the allotted plot and the plot was used for residential purpose. The petitioner gave detailed show cause denying the allegation levelled against him. But the opposite parties again issued notice on 10.9.2008 wherein there is already cancellation of the allotment of the plot in question on the ground that the petitioner has encroached the IDCO land adjoining the allotted plot in question and had also sub-let the premises of the allotted plot.

3. Be it stated that, the petitioner preferred appeal against the order of cancellation before the Estate Officer, IDCO with a request to revoke the cancellation order but the said letter was not entertained by the Appellate Authority. It is the case of the petitioner that while the Unit is running, its employees are living there for the interest of the Unit. So far encroachment of extra land, the petitioner claims same to be the land being not useful for any purpose and if that land is allotted to another person, it would obstruct the passage to the road from his Fabrication Unit. It is averred that on 12.4.2017 all on a sudden the IDCO authority with Police personnel entered into the premises to evict the petitioner. On protest by the petitioner the opposite parties showed the eviction order in EUO Case No.1095 of 2011 dated 3.3.2016 and forcibly locked up three rooms. The allegation of the opposite parties that the petitioner is running a Hotel thereon is not correct. Since the petitioner is running the Unit and same is the only source of his livelihood, the eviction order passed without any opportunity of hearing being offered to him, not only amounts to snatching away his earning but also is violative of the principles of natural justice. So, the petitioner has prayed to quash the order of cancellation of allotment as well as the order of eviction with further prayer to direct the opposite parties to consider for allotment of the additional area adjoining to the allotted plot.

4. Opposite parties 1 to 3 filed counter stating that the opposite parties though had allotted Plot No.B/30/2 to the petitioner to establish Fabrication Unit but since the petitioner did not start any construction within six months and did not commence the commercial production but utilized the plot for residential purpose, a show cause notice was issued. Not only this but also the petitioner also encroached the road side land adjoining the allotted plot compelling to issue show cause notice on 17.8.2006. In spite of issue of notice, the petitioner continued to misutilise the allotted land. Then on 10.9.2008, opposite parties issued another notice for cancellation of allotment on the same ground with additional ground that he has let out part of the case land for opening Hotel, namely, “Sanjha Chulha”.

5. It is also averred in the counter affidavit that to evict the petitioner from the encroached land, an eviction proceeding was started against the petitioner under OPP (EOU) Act vide EOU Case No.1095 of 2011 before the Estate Officer, IDCO. The petitioner also appeared before the Estate Officer, IDCO and asked for time to submit reply. The time was allowed. Like this, the petitioner dragged the proceeding till 1.2.2012. Sinc