This petition challenged a show cause notice issued for unauthorised occupation in an encroachment case. The court held that initiating encroachment proceedings was illegal during the pendency of a related title suit and allowed the petition.
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W.P.(C)NO. 5757 of 2016
05.04.2016
Heard learned counsel for the petitioner and learned Addl. Government Advocate.
This writ petition has been filed by the petitioner challenging the show cause
notice under Annexure-8 issued by opposite party No.2-Tahasildar, Darpan in Encroachment Case
No. 311 of 2015-16 for unauthorised occupation under Khata No. 399 over Plot No. 1032 measuri
ng an area Ac.0.03 dec. of Mouza Chhatia in the district of Jajpur.
It is contended by the petitioner that petitioners family continued to possess
the scheduled land for a long period without any interruption. In order to establish his righ
t, title and interest petitioner and their other co-sharers filed T.S. No. 24 of 1994 before t
he learned Civil Judge (Sr.Divn.), Jajpur for declaration of title. In the said suit the court
below has passed an injunction order on 22.2.1994 in Interim Application No. 24 of 1994. The
said order was passed on contest against opposite party Nos. 1 and 2 who are State of Orissa r
epresented through the Collector, Jajpur and Tahasildar, Darpan. During pendency of the suit t
he present opposite party No.2 initiated Encroachment Case No. 728 of 2006 even if he is defen
dant in the suit. The said encroachment case was dropped by order dated 27.2.2007 due to pende
ncy of the suit. While the matter stood thus again the present opposite party No.2 initiated E
ncroachment Case No. 311 of 2015-16.
The action of opposite party No.2 initiating a encroachment proceeding is arbi
trary, illegal and not sustainable. Accordingly the Encroachment Case No. 311 of 2015-16 pendi
ng before opposite party No.2-Tahasildar,
Darpan is quashed. However it is open to opposite party No.2 to take any action after disposal
of the civil suit.
Accordingly the writ petition is allowed.
S. Panda, J
2
2 issues framed by the court
Whether the writ petition challenging the show cause notice issued under Annexure-8 issued by Tahasildar for unauthorised occupation is maintainable and sustainable.
Whether the initiation of Encroachment Case No. 311 of 2015-16 by the opposite party No. 2 is arbitrary and illegal during the pendency of the title suit.
Petitioner
State of Orissa represented through the Collector, Jajpur and Tahasildar, Darpan
Tahasildar, Darpan
S. Panda
As recorded by the court registry
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