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K.Nageswar Rao v. Sub-Collector,Gunupur

Orissa HC8 Apr 2016WP(C)/1691/2016

Case brief

AI extract

What is this about?

This Court set aside the impugned order dated 11.9.2015 passed by the Sub-Collector, Gunupur, for disposing of the petitioner's appeal without registering it or granting an opportunity of hearing. The matter was remanded to the Sub-Collector to dispose of the appeal afresh after a hearing within three months, with the status quo maintained. The writ petition was accordingly disposed of.

What did the court decide?

Impugned order set aside; matter remanded to Sub-Collector to dispose of appeal afresh after hearing within three months.

2. This Writ Petition has been filed by the petitioner challenging the notice dated 02.12 .2014 issued by the Tahasildar, Rayagada under Form No.KHA in Encroachment Case No.783 of 2014 directing the petitioner to vacate the Government land appertaining to Plot No.51 under Khata No.42 measuring an area of Ac.0.017 decimals of Mouza Marathiguda in the district of Rayagad a.

3. Learned counsel appearing for the petitioner submitted that the petitioner being landl ess person is residing over Government Plot No.51 under Khata No.42 measuring an area of Ac.0. 017 decimals of Mouza Marathiguda by constructing a residential house thereon since long. A p roceeding vide Encroachment Case No.783 of 2014 was initiated against the petitioner under the Orissa Prevention of Land Encroachment Act, 1972. In the said case a notice under Form KA wa s also issued to the petitioner to file show cause. In pursuance of the said proceeding final order of eviction was passed and notice under Form-KHA has been issued.

4. A counter affidavit has been filed on behalf of the opposite parties in the connected W.P.(C) No.1687 of 2016 contending inter alia that against the order of eviction the petition er has preferred an appeal before the Sub-Collector, Gunupur under Section 12 of O.P.L.E Act w hich was disposed of on 11.9.2015 without mentioning the number of the appeal and whether oppo rtunity of hearing was given to the petitioner in the said appeal.

no.1 on 26.12.2014, the said opposite party neither registered the same nor fixed a date of he aring. Hence the counter affidavit filed by the opposite parties taking a stand regarding disp osal of the appeal cannot be accepted. Filing of an appeal being a statutory right of the peti tioner, the same should not be denied by the authorities.

5. In view of the above, this Court while setting aside the order dated 11.9.2015 passed by the Sub-Collector, Gunupur opposite party no.1 remits the matter back to the said opposite party for disposal of the appeal afresh after giving opportunity of hearing to the petitioner , as expeditiously as possible, preferably within a period of three months from the date of pr oduction of certified copy of this order. The petitioner shall appear before opposite party no .1 on or before 02.5.2016. Status quo as on date in respect of the land in question shall be m aintained by the parties till disposal of the appeal.

K.Nageswar Rao v. Sub-Collector,Gunupur

Case brief

What is this about?

What did the court decide?

K.Nageswar Rao v. Sub-Collector,Gunupur

Case brief

What is this about?

What did the court decide?

What the court decided

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