Disposed

Nandi Bag v. Collector-Cum-Dm,Subarnapur

Orissa HC16 May 2016WP(C)/977/2016

Case brief

AI extract

What is this about?

In a writ petition, the High Court directed the Subarnapur Collector to expeditiously consider the petitioners' pending representation for settlement of land in their favor, without adjudicating on the merits of their possessory claim or prior encroachment proceedings involving penalty payments.

What did the court decide?

Directing the Collector to consider the representation expeditiously as per law.

Nandi Bag Vs Collector-Cum-Dm,Subarnapur — Land Acquisition | Orissa HC (2016)

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W.P.(C) NO.977 OF 2016

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16.5.2016 Heard learned counsel for the petitioners and learned Addl. Government Advocate.

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This Writ Petition has been filed by the petitioners with a prayer to direct the Collector, Subarnapur – opposite party no.1 to dispose of the representation filed by the petitioners under Annexure-2 within a stipulated period.

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The petitioners contended that they are possessing the land in question for a long period, however, an encroachment proceeding was initiated 1^st time against them in the year 1998 and eviction notice was issued to them in respect of the land appertaining to Plot Nos.234, 235 and 236 under Holding Nos.3 and 4 measuring an area of Ac.0.700 decimals, Ac.0.350 decimals and Ac.0.500 decimals of Mouza – Badkadalipali. The authorities made assessment for unauthorized occupation of the Government land and fixed the penalty. The petitioners have also paid the penalty. Similarly subsequent encroachment proceedings were initiated against the petitioners time and again till the year 2015 and assessment was made for unauthorized occupation of the Government land and penalty was realized. The petitioners claim that they being landless persons are cultivating the land to maintain their livelihood. The kissam of the land is ‘Gochara and Jalasaya’. They have also filed an application before the Collector, Subarnapur – opposite party no.1 on 28.10.2015 under Annexure-2 for settlement of the land in their favour, which is pending.

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Considering the above facts and circumstances and without going into the merits of the case, this Court disposes of this Writ Petition with a direction to the Collector, Subarnapur – opposite

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party no.1 to consider the representation filed by the petitioners on 28.10.2015 under Annexure-2 in accordance with law, as expeditiously as possible, on production of certified copy of this order along with a copy of this Writ Petition.

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��.. S.Panda, J.

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…………………….. K.R.Mohapatra, J.

Nandi Bag v. Collector-Cum-Dm,Subarnapur

Case brief

What is this about?

What did the court decide?

Nandi Bag v. Collector-Cum-Dm,Subarnapur

Case brief

What is this about?

What did the court decide?

What the court decided

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