WP(C)/24868/2026 of USHARANI SENAPATI Vs COLLECTOR AND DISTRICT MAGISTRATE, KHURDA on 10 September 2026

ORDER

10.09.2026

1. It is submitted by Mr. Jagamohan Pattanaik, learned Advocate that the petitioner at the age of 86 years facing difficulty in getting the tenants vacated who remained recalcitrant by not paying rent in respect of occupation of certain portion of the residential house, has approached the District Magistrate and Collector, Khordha by way of a petition/application filed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with the Odisha Maintenance of Parents and Senior Citizens Rules, 2009 dated 12.05.2026.

2. Since nothing tangible is perceived in the matter, the petitioner under constraint has come up before this Court by invoking jurisdiction under Articles 226 and 227 of the Constitution of India. On 18.08.2026, at the request of learned Addl. Government Advocate, the matter stood adjourned for placing on record the instructions from the concerned authority.

3. In course of hearing, Mr. Suryakanta Parhi, learned Addl. Standing Counsel furnished a copy of Letter No.17608/2026 dated 10.09.2026 issued by the District Magistrate and Collector, Khordha addressed to the learned Advocate General, Odisha, text of which reads as under: “In inviting a reference to the subject cited above, I am to furnish herewith the instructions on behalf of the State Respondents in connection with WP(C) No.24868/2026 filed by Smt. Usharani Senapati, an 86-year-old senior citizen, seeking protection of life and property, recovery of rental maintenance, and eviction/vacation from the ground floor of Plot No.64,Sahid Nagar, Bhubaneswar under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with the Orissa Senior Citizens Rules, 2009. The matter is currently being dealt with by the Sub-Collector cum Presiding Officer, Maintenance Tribunal, Bhubaneswar (Opposite party No.3), Misc Case No.17/2026 has been instituted under the Senior Citizens Act, 2007. In this regard, it is informed that the maintenance case will be heard and disposed of by the Sub-Collector cum Presiding Officer, Maintenance Tribunal, Bhubaneswar, and final order passed positively on or before 30th September, 2026. I would, therefore, request you to kindly apprise the Hon’ble High Court of Orissa of the above position and pray before the Hon’ble Court for grant of time till 30th September, 2026 to enable the Sub- Collector cum Presiding Officer, Maintenance Tribunal, Bhubaneswar to hear, dispose of the case, and submit the final order.”

4. Upon perusal of said instruction(s), it is revealed that the matter in Misc. Case No.17 of 2026 has been entertained by the Sub-Collector- cum-Presiding Officer, Maintenance Tribunal, Bhubaneswar (opposite party No.3) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with the Odisha Maintenance of

Parents and Senior Citizens Rules, 2009 and the authority has instructed the Inspector In-Charge, Sahid Nagar Police Station for conducting enquiry and directed for submission of factual report.

5. Heard Mr. Jagamohan Pattanaik, learned Advocate appearing for the petitioner and Mr. Suryakanta Parhi, learned Addl. Standing Counsel for the opposite parties-State.

6. Considering the submissions and the instruction(s) as furnished to the Court, it is felt expedient to indicate that the competent authority/Tribunal shall make endeavour to dispose of the aforesaid Misc. Case No. 17/2026 at the earliest and, shall pass necessary order(s) thereof in accordance with law upon hearing the concerned parties and taking into consideration the report as called for from the Inspector In-Charge. Needless to say, the order/decision so taken by the competent authority/Tribunal shall be communicated to the petitioner forthwith. In the event, the petitioner is aggrieved, she is at liberty to avail the remedy as permissible in law.

7. In the wake of the above, the writ petition stands disposed of.

(M.S. Raman)

Judge

Bichi Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 10-Sep-2026 16:57:28 Signature Not Verified