State of Odisha vs Nabakishore Biswal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Ori) 626

IN THE HIGH COURT OF ORISSA AT CUTTACK
DIXIT KRISHNA SHRIPAD, CHITTARANJAN DASH
State of Odisha – Appellant
Versus
Nabakishore Biswal – Respondent

Advocates Appeared:
For the Appellants :Mr. Satya Brata Mohanty, Addl. Govt. Advocate
For the Respondent: M/s.Srikar Ku. Rath, M. Behera, A. Choudhury & B.R. Swain, Adv.

Table of Content
1. right to shelter clarified. (Para 1)
2. factual background of retention case. (Para 2 , 3)

JUDGMENT :

KRISHNA S. DIXIT, J.

This As a prelude to this judgment, we are quoting what the Apex Court observed in Union of India v. Onkar Nath Dhar , 2021 INSC 382:

“The right to shelter does not mean right to Government accommodation. The Government accommodation is meant for serving officers and officials and not to the retirees as a benevolence and distribution of largesse....”

To add to the above, squatting on the public property post retirement or cessation of entitlement has become a national menace, now a days.

This Intra-Court appeal by the State and its officials seeks to call in question a learned Single Judge’s order dated 05.12.2023 whereby respondent retiree’s WPC (OAC) No.2818 of 2010 having been favoured, the following relief has been accorded to him:

“6.1. It is found that in terms of the said order, Petitioner vacated the quarter on 07.04.2006. Since it is not disputed that Petitioner was never issued with any notice directing him to vacate the quarter till 27.12.2005, placing reliance on the decision of the Hon'ble Apex Court as cited (supra) so followed by this