Rabindra N.Samantray v. State

 W.P.(C) No. 1608 of 2006

 04. 21.03.2017 The petitioner is in possession of land measuring Ac.0.95 deci
mal in Mouza-Konark, P.S.-Gop, Dist.-Puri, under Hal Khata No.643 (Kha), Hal Plot No.2141/2246
 corresponding to Sabik Khata No.298, Sabik Plot No.1654 (Part). The said land is registered a
s Stitiban land in the revenue record.

 2. The case of the petitioner is that the State-opposite parties are intending to
 evict the petitioner in order to allot the said land in favour of some private company.
 3. Time was granted to the State-opposite parties to file counter affidavit, whic
h has not been filed although more than a decade has passed. On 7.2.2006, an interim order w
as passed in favour of the petitioner to the effect that he shall not be evicted from the prop
erty in question.

 4. Since the land in question is in the name of the petitioner in the revenue rec
ord and he is in possession, we dispose of the writ petition with the direction that the petit
ioner shall not be evicted from the aforesaid land by the State-opposite parties except in acc
ordance with law.

 5. It is made clear that we have not looked into the claim of the petitioner, whi
ch shall be considered as and when eviction proceedings are initiated against the petitioner i
n accordance with law.

 ....... ( VINEET SARAN )
 CHIEF JUSTICE

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