Public land encroached upon. Court disposed of writ petition directing Tahasildar to hear, decide, and conclude OPLE Act proceedings within three months after giving adequate hearing.
Directed Tahasildar to hear, decide, and conclude proceedings under OPLE Act within three months from date of certified copy of order.
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W.P.(C) No. 7948 of 2014 23.11.2016
The grievance of the petitioner is that opposite party no.4-Shankar Barik has encroached
a public land recorded as Gochar. It is contended that despite the grievance in this regard h
aving been registered in the office of the Collector, Jagatsinghpur on 03.02.2014 as an applic
ation no.465 and direction had also been issued to the Tahasildar, Tirtol by the Collector to
take action under the OPLE Act 1972, no steps have been taken by the Tahasildar, Tirtol for ev
iction of opposite party no.4.
Notice was issued to private opposite party no.4, but despite service having been found
sufficient he has not put in appearance.
Having heard learned counsel for the petitioner and learned Additional Government Advoca
te appearing for the State-opposite parties and considering the facts and circumstances of th
e case, we dispose of this writ petition with the direction that application no.465 of the pet
itioner dated 03.02.2014 shall be registered under OPLE Act if the same has not already regist
ered and if no final order has yet not been passed on such application, the Tahasildar, Tirtol
shall hear and decide the proceeding under OPLE Act and conclude the same in accordance with
law as expeditiously as possible but not later than three months from the date of filing of ce
rtified copy of this order before the Tahasildar, Tirtol. Needless to say that the Tahasildar,
Tirtol shall decide the matter only after giving adequate opportunity to the petitioner and o
pposite party no.4.
With the aforesaid direction, the writ petition is disposed of.
Urgent certified copy of this order be granted on proper application.
....... ( VINEET SARAN )
CHIEF JUSTICE
.
(DR. B.R. SARANGI)
JUDGE
1 issue framed by the court
Whether the writ court can direct the Tahasildar to expedite proceedings under the OPLE Act regarding public land encroachment.
1 provisions across 1 enactments
Petitioner
Shankar Barik
State-opposite parties
VINEET SARAN
DR. B.R. SARANGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court