Authority: High Court of Odisha at Cuttack
Order Date: 13.11.2026
Case Overview
- Petitioner: Amitabha Samantaray, represented by Advocate U. Mishra, seeks a direction to OP No.3 to neither evict nor demolish his OMFED Booth No. B0662 without providing relocation.
- Opposite Parties: State of Odisha and other authorities, represented by ASC Prem Kumar Mohanty.
- Background: The petitioner operates OMFED Booth No. B0662. The authority verbally asked him to vacate for road widening without written notice. The petitioner argues his right to life depends on the booth’s operation.
- Evidence: Annexure‑2 – letter from Marketing‑in‑Charge, Bhubaneswar Dairy confirming the petitioner runs the booth; Annexure‑6 – communication from OMFED Marketing Head to the Commissioner, Bhubaneswar Municipal Corporation‑OP No.3, listing the petitioner (Serial No. 97) for relocation consideration.
- Counsel Submissions: Advocate U. Mishra requests relocation; ASC Mohanty acknowledges eviction can proceed only with due legal process if the booth obstructs road widening.
- Court Observations: No dispute on the petitioner’s operation of Booth B0662; livelihood is dependent on it; demolition without relocation would cause serious hardship.
Final Outcome
- The Court, without addressing merits, directs the authority‑cum‑OP No.3 to consider the petitioner’s relocation request sympathetically, subject to applicable law.
- The Court emphasizes that it has not ruled on the merits and the authority remains free to issue any order in accordance with law.
Topics: Legal Relief, Livelihood Protection, Administrative Order