18.05.2016
Heard learned counsel for the petitioner and learned Addl. Government Advocate.
Petitioner in this writ petition has challenged the final order dated 28.10.20
15 passed by opposite party No.5-Tahasildar, Gania in Encroachment Case No. 12 of 2009 direct
ing the petitioner to vacate the land appertaining to Khata No. 428, Plot No. 2020(Part) measu
ring an area Ac.0.01 dec. of Mouza Gania in the district of Nayagarh within seven days.
Since the final order passed in the aforesaid Encroachment Case is appellable
one, we dispose of the writ petition with an observation that in case the petitioner files an
appeal within a period of two weeks from today before the appellate authority in such event th
e same shall be disposed of in accordance with the law. However it is open to the petitioner t
o take the ground regarding settlement of the land in appeal in such event the appellate autho
rity shall consider the same in accordance with the statutory provision. Till disposal of the
appeal no coercive action shall be taken against the petitioner.