09.9.2016Heard Mr.C.Nayak, learned counsel for the petitioner and Mr.K.K.Mishra, learned Additi
onal Government Advocate for the State-Opp. parties.
In this writ petition, the petitioner has prayed for a direction to Opp. party No.4-Ta
hasildar, Athagarh not to evict him from Anabadi Plot No.683 in village-Bentapada without fo
llowing due procedure under law.
Considering the limited nature of request involved in the writ petition and looking to
the nature of allegation that the petitioner is being evicted from plot No.683 by the Gram Pa
nchayat at the behest of Opp. party No.5-so called President of Gram and finding that the Gram
Panchayat is not party to this writ petition, this Court disposes of this Writ petition with
a direction that there shall be no eviction of the petitioner without following due process of
law. Considering the allegation of the petitioner that there is attempt by the Gram Panchayat
to block his staying over the disputed land somehow or other. It is made clear that no such a
ction is permissible in absence of following due process of law. Law is even settled that even
an encroacher cannot be evicted without following due process of law.
Writ petition stands disposed of with the direction made hereinabove.
Urgent certified copy of this order be granted on proper application.
