Unauthorized occupation of public premises does not confer legal rights; eviction proceedings must adhere to statutory requirements, and alleged violations of natural justice must be substantiated.

JUDGMENT :

S.K. Panigrahi, J.

1. The Petitioner, by filing the present Writ Petition, seeks quashing of the order dated 19.03.2025 passed by the learned Additional District Judge-cum-Appellate Authority, Bhubaneswar, affirming the order dated 10.01.2024 passed in A.G. (Audit-1)/EC/Evic/2023-24 under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 by the Senior Deputy Accountant General (Admin)-cum-Estate Officer.

2. The Petitioner has also sought a direction upon the Opposite Parties to settle the land in his favour in respect of Plot No. 249, Khata No. 76 of Mouza-Bhouma Nagar under Bhubaneswar Tahasil, District Khordha.

I. FACTUAL MATRIX OF THE CASE

3. The brief facts of the case are as follows:

(i) The petitioner has been carrying on a meat business for several years behind the Mosque in Bhouma Nagar Daily Market, near the CPWD Cement Godown, Unit-IV, Ward No. 36 under Bhubaneswar Municipal Corporation.

(ii) The petitioner had earlier approached this Court in W.P.(C) No. 3860 of 2023, which was disposed of on 09.02.2023 with a direction to the Commissioner, Bhubaneswar Municipal Corporation, to consider his case. Pursuant thereto, the petitioner submitted the order along with a representation before the authority. However, no decision has been taken to date and the petitioner has not been relocated.

(iii) Meanwhile, Opposite Party No. 8 initiated a case bearing A.G. (Audit– 1)/EC/Evic/2023-24 under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 at the instance of Opposite Party No. 3.

(iv) The petitioner appeared before Opposite Party No. 8 on 14.11.2023 and filed a petition seeking to keep the proceeding in abeyance on the ground that no decision had been taken pursuant to the order of this Court. Subsequently, upon enquiry in the office of the Estate Officer, Bhubaneswar on 09.01.2024, the petitioner learnt that the proceeding had already been disposed of directing him to vacate the premises, and thereafter he received a copy of the order dated 10.01.2024.

(v) Thereafter, the petitioner approached this Court in W.P.(C) No. 1431 of 2024 seeking quashing of the order dated 10.01.2024 on the ground that it had been passed by the Estate Officer without affording the petitioner a reasonable opportunity of hearing, in violation of the principles of natural justice and audi alteram partem. This Court, by order dated 29.01.2024, disposed of the writ petition with a direction to the petitioner to avail the remedy of appeal before the appropriate forum. In pursuance thereof, the petitioner preferred an appeal before the learned Additional District Judge, Bhubaneswar in FAO No. 30 of 2024.

(vi) The learned Additional District Judge, Bhubaneswar, without adequately examining the merits of the Estate Officer’s order, confirmed the same vide order dated 19.03.2025 in FAO No. 30 of 2024.

(vii) Aggrieved by the order dated 19.03.2025 of the learned Additional District Judge-cum-Appellate Authority, Bhubaneswar, the petitioner seeks quashing of the said order and a direction to the Opposite Parties to settle the land in his favour in respect of Plot No. 249, Khata No. 76 of Mouza-Bhouma Nagar under Bhubaneswar Tahasil, District Khordha.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER

4. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions:

(i) The Petitioner submitted that he has been carrying on a meat business for more than a decade behind the Mosque in Bhouma Nagar Daily Market, near the CPWD Cement Godown, Unit-IV, Ward No. 36 u