Partly allowed

B.Usha Devi v. Sub-Collector,Gunupur

Orissa HC8 Apr 2016WP(C)/1694/2016

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged an order by the Sub-Collector that disposed of her appeal without registration or hearing. The Court set aside this order, remitting the matter to the Sub-Collector to dispose of the appeal afresh after giving the petitioner a hearing opportunity within three months.

What did the court decide?

Order dated 11.9.2015 by Sub-Collector set aside. Appeal retrial remitted within 3 months with status quo maintained.

B.Usha Devi Vs Sub-Collector,Gunupur — Execution and Attachment | Orissa HC (2016)

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W.P.(C) NO.1694 OF 2016 08.4.2016 Heard learned counsel for the petitioner and learned Addl. Government Advocate.

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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.776 of 2014 directing the petitioner to vacate the Government land appertaining to Plot No.51 under Khata No.42 measuring an area of Ac.0.013 decimals of Mouza Marathiguda in the district of Rayagad a.

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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.
013 decimals of Mouza Marathiguda by constructing a residential house thereon since long. A p
roceeding vide Encroachment Case No.776 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.

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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.

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4.1 The specific grievance of the petitioner is that though she has filed an appeal be
fore the Sub-Collector, Gunpur opposite

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party no.1 on 26.12.2014, the said opposite party neither registered the same nor fixed a date
 of hearing. Hence the counter affidavit filed by the opposite parties taking a stand regardin
g disposal of the appeal cannot be accepted. Filing of an appeal being a statutory right of th
e petitioner, the same should not be denied by the authorities.

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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.

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 The Writ Petition along with Misc. Case is accordingly disposed of.

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 A free copy of this order be supplied to learned Addl. Government Advocate for onward
communication.

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 S.Panda, J.

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B.Usha Devi v. Sub-Collector,Gunupur

Case brief

What is this about?

What did the court decide?

B.Usha Devi v. Sub-Collector,Gunupur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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