Writ petition challenging an eviction notice under the O.P.L.E. Act was not entertained directly under Article 227 as the order was appealable. The petitioner was directed to file an appeal within two weeks, and coercive action was stayed for the same period.
Coercive action against the petitioner in respect of the land stayed for a period of two weeks.
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W.P.(C) NO.20043 OF 2015 12.11.2015 Heard learned counsel for the petitioner and learned Addl. Government Advocate.
2. This Writ Petition has been filed by the petitioner challenging the notice dated 17.10
.2015 issued by the Addl. Tahasildar, Rairakhol directing the petitioner to vacate the land ap
pertaining to Plot No.3404 under Khata No.901 measuring an area of Ac.0.15 decimals of Mouza
Rampur.
3. Learned counsel appearing for the petitioner submitted that the petitioner is residing
over Plot No.3404 under Khata No.901 measuring an area of Ac.0.15 decimals of Mouza Rampur b
y constructing a residential house thereon since long. A proceeding vide O.P.L.E Case No.91 of
2013 was initiated against the petitioner under the O.P.L.E Act. In the said case a notice un
der Form KA was also issued to the petitioner to file show cause. In pursuance of the said p
roceeding final order of eviction was issued under Form-B. As the petitioner has not vacated
the land, the impugned notice has been issued to vacate the land immediately, failing which th
e authority will bound to evict the suit land in presence of police and Executive Magistrate a
nd the expenditure made for eviction will be realized from the petitioner.
4. Since the impugned order is appealable, this Court is not inclined to interfere with t
he same in exercise of the jurisdiction under Article 227 of the Constitution of India. Howeve
r, it is open to the petitioner to file an appeal before the appellate authority within a peri
od of two weeks from today, if so advised. No coercive action shall be taken against the petit
ioner in respect of the aforesaid land for a period of two weeks from today.
The Writ Petition along with Misc. Case is accordingly disposed of.
S.Panda, J.
2
2 issues framed by the court
Whether the High Court can interfere with the eviction notice issued under the O.P.L.E. Act exercising jurisdiction under Article 227.
Whether the petitioner is entitled to a stay of coercive action pending appeal to the appellate authority.
2 provisions across 1 enactments
Petitioner
Addl. Tahasildar, Rairakhol
S. Panda
As recorded by the court registry
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