Pankaj v. State

O.J.C. No.416 of 1996
6.12.2016
Heard Mr. Tripathy, learned counsel for the petitioners and learned Additional Standing Counse
l for the State-opposite parties.

 This writ petition has been filed by the petitioners with a prayer to issue necessary
direction for not evicting the petitioners from the land as per the list under Annexure-1 with
out following due process of law.

 In entertaining this matter in the year 1996, this Court by its order dated 17.1.1996
granted an interim direction for not evicting the petitioners from the disputed land without f
ollowing due process of law.

 Referring to the counter affidavit at the instance State-opposite parties, learned Sta
te Counsel submitted that the eviction process was instituted following a decision given in En
croachment Case No.683/82 and similar other cases and there is specific averments indicating t
hat some of the petitioners already filed appeal against the order of eviction passed in the E
ncroachment Cases.

 Be that as it may, since the appeals were pending at that point of time, this writ pet
ition stands disposed of with a direction that action as deemed fit and proper, shall be taken
 involving the petitioners depending on the outcome in the pending Appeals and wherever no enc
roachment proceeding was initiated, there shall be no eviction without following due process o
f law.

 Issue urgent certified copy on proper application.

 In view of disposal of this petition, interim order passed earlier stands vacated and
all the pending Misc. Cases arising out of this petition stand disposed of accordingly.