Orissa High Court
WP(C)/4556/2009 of MD.ZAHIR Vs UNION OF INDIA. on 3 September 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.4556 of 2009 CNR No.ODHC010035712009 Md. Zahir ..... Petitioner None -versus- Union Of India and others ..... Opposite Parties CORAM: MR. JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 03.09.2026 05. This matter is taken up through hybrid mode. 2.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.4556 of 2009
CNR No.ODHC010035712009
Md. Zahir
.....
Petitioner
None
-versus-
Union Of India and
others
.....
Opposite Parties
CORAM:
MR. JUSTICE SANJAY KUMAR MISHRA
Order No.
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ORDER
03.09.2026
05. This matter is taken up through hybrid mode.
2. Learned Counsel for the Petitioner is absent on call.
3. The present writ petition has been filed with the following prayers: “PRAYER
Under the circumstances, the petitioner prays that the Hon’ble Court may be pleased to admit the writ petition, call for the Scheme of Railway of 1979-80 form Opp.party No.3 and issue writ of Mandamus directing the Opposite parties to regularise the shop premises of the petitioner in possession or allot and settle a piece of land/shop in the new Railway Market in his name and not to evict and demolish his structure until a new premises is allotted; AND
The Hon’ble Court be also pleaded to issue writ of certiorari quashing the order/notice vide Annexure-2 of the writ petition and restrain the Opposite parties to interfere in the peaceful possession of the shop of the petitioner;
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The Hon’ble Court may be further pleased to issue any writ or order as the Hon’ble Court deem fit and proper; AND
And for this act of kindness, the petitioner shall as in duty bound ever pray.”
4. Office note indicates that notice on admission issued to the Opposite Party No.3 returned unserved with a report “No such addressee is at location”. Further, AD not returned from the Opposite Party No.1 and AD returned from the Opposite Party No.2 after valid service.
5. It is revealed from the record that vide order dated 31.03.2009, an interim order was passed in Misc. Case No.3625 of 2009 to the effect that till disposal of the writ petition or till allotment of shop at the new site in accordance with the Scheme framed by the opposite parties whichever is earlier the petitioner shall not be evicted from the premises occupied by him, disposing the Misc. Case on that date. That apart, the matter was last listed on 05.05.2009, thereafter, the matter has been listed today after about 17 years.
6. Hence, this Court is of the view that by efflux of time the prayer made in the writ petition must have become infructuous.
7. However, as the learned Counsel for the Petitioner is absent on call, the writ petition stands dismissed for non- prosecution.
Kanhu
(S.K. Mishra) Judge
Digitally Signed Signed by: KANHU BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 04-Sep-2026 12:01:29 Signature Not Verified